6 Ms. Rosie's Farm IUPCITY OF
PC DATE: June 18, 2002
CC DATE: June 24, 2002
REVIEW DEADLINE: 8/21/02
CASE #: IUP 2000-2 File 2,
STAFF
REPORT
PROPOSAL:
LOCATION:
Request for an amendment to Interim Use Permit #2000-2, Miss Rosie's Farm,
revising the site plan with a variance for a gravel driveway and parking area and
a Conditional Us6 Permit for development within the Bluff Creek Overlay
district.
2930 West 78th Street (old address - 7461 Hazeltine Boulevard)
APPLICANT:
Susan McAllister
2930 West 78th Street
Chanhassen, MN 55317
PRESENT ZONING: Agricultural Estate District, A2
2020 LAND USE PLAN: Residential - Low Density
ACREAGE: 6.01 acres
DENSITY: NA
SUMMARY OF REQUEST: The applicant is requesting an amendment to an Interim Use Permit to
revise the driveway and parking location, to permit two bus parking spaces, and relocate the summer
kitchen. The applicant is proposing the use of gravel and grass pave for vehicular parking areas rather
than asphalt or concrete. Additionally, since the property is located within the Bluff Creek Corridor and
portions of the property are in the primary and secondary zones, a Conditional Use Permit is required.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high
level of discretion with a variance because the applicant is seeking a deviation from established
standards. This is a quasi-judicial decision.
1 Coach Court
2 Coach Lane
3 Coach Place
4 Coach Dr
5 Village Street
6 Village Place
7 Century Circle
8 Arboretum Village Trl
9 Arboretum Village Cir/
w
C
Boulev,
Street
Miss Rosie's Farm
June 4-8 24, 2002
Page 2
APPLICABLE REGUATIONS
Sec. 20-232. Conditional Use Permit, General Issuance Standards
Sec. 20-267. Petting Farms.
The following conditions shall apply to petting farms:
o
o
,
o
.
.
o
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10.
11.
12.
The site must be on and have access to a collector or minor arterial as identified in the
comprehensive plan.
The minimum lot size is five (5) acres.
The applicant for the interim use permit shall reside on the site. Only one (1) full-time
equivalent non-resident employee may be employed on the site per five (5) acres.
Only customary farm animals shall be allowed on the site. Wild or exotic animals shall
be prohibited.
All structures and storage areas must be set back fifty (50) feet from public or private
rights-of-way, and three hundred (300) feet from an adjacent single family residence or a
minimum of fifty (50) feet from a side lot line, whichever is greater. The city council
may require storage areas to be completely screened by one hundred (100) percent opaque
fencing or berming.
Parking areas shall be screened from public or private fights-of-way and adjacent single-
family residences.
Hours of operation shall be from 8:00 a.m. to 8:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential as
identified in the comprehensive plan.
No outdoor speaker systems shall be allowed.
Signage shall comply with article XXVI of the zoning ordinance.
Retail sales shall be limited to three hundred (300) square feet in area. Retail sales shall
be limited to petting farm related items.
Animals kept outside must have continual access to shelter to protect them from the
elements and must be in a confined area with fencing.
A termination date shall be established for the interim use permit. The use shall be
permitted until a pmticular date, until the occurrence of a particular event, or until zoning
regulations no longer permit it. Prior to the permit expiring, the applicant may request an
Miss Rosie's Farm
June 4-8 24, 2002
Page 3
extension to the interim use permit by submitting a new application. The renewal
application will be subject to all city ordinances including any new ordinances enacted
after the original approval.
Sec. 20-383. Interim Use Permit General Issuance Standards
Sections 20-1551 - 20 - 1564, Bluff Creek Overlay District
BACKGROUND
On July 24, 2000, the City Council approved the applicant's request for a zoning ordinance
amendment (ZOA #00-1) to allow petting farms as in interim use in the A-2, Agricultural Estate
district.
On July 24, 2000, the City Council also approved the applicant's request for an interim use
permit (IUP #00-2) to operate a petting farm, subject to the plans dated February 22, 2000, and
subject to the following conditions:
o
o
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.
7.
8.
9.
10.
11.
12.
The site plan shall comply with Sec. 20-267. Petting Farms as prepared by staff.
Accumulation of feces shall be located at least 200 feet from any well. Accumulation of
feces shall be removed at such periods as will ensure that no leaching or objectionable
odors exist. The premise shall not be allowed to become unsightly.
Parking shall be limited to 10 stalls with the provision for only 1 bus.
The applicant shall submit a landscape plan for the proposed development. The applicant
shall show the location, size and species of proposed trees and shrubs.
Landscaping shall be added to the area between the parking lot and West 78th Street to
provide a buffer. Included in the plantings shall be 2 overstory trees, 6 understory and 6
shrubs.
Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
The site shall only have access from West 78th Street.
A dead animal disposal plan shall be submitted to the city for review.
The permit shall be reviewed annually to determine compliance.
The applicant must apply and obtain all necessary permits from regulatory agencies such
as Carver County, DNR, USDA, etc.
The interim use shall terminate in 10 years.
The Building Official's conditions are as follows'
a. All public buildings must meet code requirements as required for new buildings
because of the change in occupancy classification.
b. All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities.
c. Two accessible parking spaces must be provided.
d. Accessible sanitation facilities must be provided. Po~'table facilities may be
allowed with a seasonal use, if permitted by the building code. If permanent
facilities are required, two acceptable septic sites must be evaluated and located
by a licensed designer.
Miss Rosie's Farm
June -1-g 24, 2002
Page 4
eo
1. The use proposed does require that permanent sanitation facilities be
provided, two restrooms, one male and one female.
2. A new onsite sewage treatment system must be installed.
3. The system must be sized to accommodate the waste from the dwelling
(this system has recently been determined to be failing) as well as the
waste from the business.
4=. The new system must meet the requirements of Minnesota Rules Chapter
7080 for 'other establishments'.
The food preparation facilities require approval from the Minnesota Department
of Health.
Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
13. The Fire Marshal's conditions are as follows'
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ho
A 20 foot wide fire lane shall be provided.
The Fire Marshal shall review the existing buildings to be utilized for the petting
farm to determine code compliance.
Smoking is prohibited in any building used in conjunction with the business.
"No Parking Fire Lane" signs shall be installed on the fire lane.
Any new driveway must be designed to support the weight of a fire truck year
round.
Any new driveway must be installed prior to the removal of the existing driveway.
The amount of combustible material (i.e., hay, straw, etc.) on the floors of any
buildings used in the business must meet fire code requirements.
All electrical wiring must meet code.
14.
The septic system shall be brought into compliance prior to the operation commencing on
the site. In addition, maintenance and inspection reports on the new system shall be
submitted to the City on a biannual basis. At such time as the new system becomes non-
compliant and sanitary sewer is available the property shall connect to the sanitary sewer as
per the requirements in place at that time.
In May 2001, the City approved Arboretum Village, a planned unit development located directly
south and east of the applicant's property. As part of this development an outlot was created to
preserve the natural features. This outlot is south of a wetland, and includes the wetland buffer
area. This outlot abuts the applicant's property on the north and east sides.
In 2001, the city undertook utility expansion in the BC-7 and BC-8 sewer subdistricts. This
utility improvement brought sanitary sewer and water service from Galpin Boulevard to the west
side of Highway 41. The project is substantially complete and in operation. As part of the
Arboretum Village 2nd Addition, the developer is extending sanitary sewer service to the eastern
property line of Miss Rosie's Farm. This line is intended to provide sanitary sewer service for
Miss Rosie's Farm
June 44 24, 2002
Page 5
site. The property will be required to connect to the sanitary sewer line when it is complete and
accepted by the City.
As part of a state project on TH 41 that corresponded with the Arboretum Village development,
the Minnesota Department of Transportation (MNDOT) has required the southerly driveway
access on the applicant's property be closed and relocated for safety reasons. To comply with
MnDOT's requirements, condition 7 of IUP #00-2 states that "The site shall only have access
from West 78th Street." This condition is reiterated in condition 12 below.
In the fall of 2001, the applicant began the process necessary to put the Rose-McAllister
Fmrnstead on the Historic National Register. Final determination and designation of the property
has not taken place.
Staff had a telephone conversation with Mx. Gimmestad of the State Historic Preservation Office
on June 12, 2002. He stated that "In general, locating the parking on the periphery of the site was
better than locating the parking in the interior of the property. It keeps the vehicles on the edge
of the site, which is a good idea from a historical standpoint. Given the historic property, the
preference is for gravel as a parking surface, rather than bituminous, which will be more in
character with the historic farmstead."
ANALYSIS
The applicant is requesting an amendment to Interim Use Permit (IUP 00-2):
,
o
Use of gravel or grass pave system rather than bituminous.
Realign the driveway, so that instead of running straight north off of West 78th Street as
approved, it would loop to the west and connect with the existing driveway. The parking
would be located at the edge of the property.
Relocate the summer kitchen.
Permit two bus parking spaces.
To be clear, staff is outlining the issues with this site:
,
.
.
The applicant intends to open a petting farm on this property and has an approved IUP
permitting this use. The applicant has not begun operation of the petting farm.
The applicant is in the process of putting this property on the National Register of
Historic Places. This process has not been finalized.
The applicant is requesting changing the driveway alignment so that it does not change
the eligibility of this property as a historically significant site.
The applicant has also requested to intensify the use on this site by increasing the number
of bus parking areas.
Miss Rosie's Farm
June -1-g 24, 2002
Page 6
The driving force behind looping the driveway is the historic significance of the site. Staff has
received verbal confirmation that locating the parking at the perimeter of the site is preferred and
that gravel is more acceptable than paving.
Staff is recommending approval of the Conditional Use Permit for development within the Bluff
Creek Overlay district and amending the Interim Use Permit with approval for a variance to use
gravel or grass pave system rather than paving the driveway and parking area subject to the
conditions of the staff report. The applicant should be advised, that she will not be able to
operate the petting farm unless she complies with all the conditions of approval and submits all
the required plans, plan changes or revisions, plus any agreements or financial security to the
city.
Driveway Realignment
The reason the applicant is requesting the realignment of the driveway is so that the historic
integrity of the site is maintained, and so that it maintains its eligibility for the National Register
of Historic Places. Staff contacted Dennis Gimmestad at the Minnesota Historical Society, who
stated that it was difficult for them to provide comments without physically visiting the site. He
did state that on historically significant sites it is best to maintain the character of the site. In
most cases, it is best not to make changes to the site that are radically different from the historical
patterns.
With the original interim use permit (IUP 00-2) one of the conditions of approval from the Fire
Marshal stated a 20-foot wide fire lane must be provided for safety reasons. To meet ordinance
requirements, the proposed driveway must be paved with a hard surface. As an alternative, city
staff has been working with the applicant to develop standards for the use of gravel driveway and
parking areas. Staff could support the variance for the use of the gravel driveway/parking and the
grass pave alternative, provided the applicant agrees to the conditions regarding its design and
maintenance.
Additional Bus Parking
With the original Interim Use Permit, the applicant requested 20 parking stalls and 2 bus parking
areas. However, the City approved 10 stalls and provisions for only 1 bus parking area
(Condition #3). The objective of this condition was to limit the intensity of the use and the
number of people on the site. This property is located in a transition area for urban development,
within the Bluff Creek Secondary Overlay District, and all surrounding properties are guided
residential-low density development. With the approval of the IUP for the petting farm, the
primary use of this site became commercial in nature. As development occurs in this area, a
petting farm may become incompatible with surrounding uses.
This condition was intended to limit or mitigate negative impacts that a petting farm may have on
neighboring residential sites. The City wanted to see if the site could accommodate and manage
the number of people the approved parking will generate. If, after operations began, things were
Miss Rosie's Farm
June -1-g 24, 2002
Page 7
successful, then the City would consider amending the parking requirements. Since the operation
of the petting farm has not commenced and since all original questions/concerns remain the
same, staff cannot support amending the original condition. The revised plans propose two bus
parking spaces for a 30 foot by 60 foot bus parking area. This should be revised to permit only one
bus parking stall. Room can be left to accommodate a future parking stall if it can be shown that
this will not create negative impacts to the site and its use.
Section 20-1554 requires that a conditional use permit must be issued by the city for alt subdivision,
site plan, and prior to the erection or alteration of any building within the Bluff Creek Overlay
(BCe) district. Portions of the parcel are located in either the primary or secondary Bce district.
GRADING~ DRAINAGE AND EROSION CONTROL
Storm Water Management
The manure/compost area is proposed within close proximity to the Bluff Creek Overlay District.
The storm water runoff from the manure/compost area must be buffered prior to discharge into
the Bluff Creek Overlay District to protect water quality. The applicant should work with City
staff to develop an appropriate buffer plan.
The applicant is proposing an aesthetic duck pond. For safety pm-poses, the pond should have a
1 O-foot wide safety bench at the normal water level. The slope of the safety bench should not be
steeper than 10:1.
Erosion Control
All upland areas disturbed as a result of construction activities shall be immediately restored with
seed and disc-mulched, covered with a wood-fiber blanket or sodded within two weeks of
completion of each activity in accordance with the City's Best Management Practice Handbook.
LANDSCAPING
It does not appear that the approach or material will cause unreasonable damage or loss of trees
on the property due to the realigned driveway. Tree protection fencing will be required at the
edge of grading and shall be installed prior to construction. The applicant has not yet met two
conditions of approval for her Interim Use Pe~xnit: a landscape plan has not been submitted to
the city and the buffer yard plantings have not been installed. Staff recommends these conditions
be met.
A report dated January 2001, titled, Historical Assessment, Rose. McAllister Farmstead,
SHPO Number: 2000-1434 Prepared by Abby Christman & Charlene Roise, Architectural
Historians, was prepared to assess the impact of development on the farm. Page 5 of the
report contains Recommended Mitigation Measures. This section states, "A dense growth
of trees currently sttrrotttlds the farmstead except at its southeast end. Additional trees
Miss Rosie's Farm
June 4-8 24, 2002
Page 8
planted in this location, similar in density and type to those in the existing grove, would block
the view of the new development, mitigating the intrusion on the farmstead's setting and
feeling. The vista of farm fields will be lost, but this is perhaps inevitable: the area's rural
character seems unlikely to survive the persistent development pressure from Twin Cities'
suburbs. The existing grove provides a precedent for a wooded enclosure around the
farmstead.
The design of the new access road should be reviewed and approved by the State Historic
Preservation Office to ensure that it meets the Secretary of the Interior's Standards." Based
on these comments, and in order to assist the development in maintaining its historical integrity,
the applicant should plant a windrow of trees along the south and east property lines around the
pasture. These trees will help define the parameters of the farmstead and provide some screening
from the development of the area.
Findings Conditional Use PermiffInterim Use Permit
When approving a conditional use pelTnit, the City must detelTnine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional
use Section 20-232, include the following 12 items:
Will not be detrimental to or endanger the public health, safety, comfort, convenience or
general welfare of the neighborhood or the city.
Finding: The intensity and level of use is compatible with the neighborhood. The applicant
will have to ensure that the operation of the use is not a nuisance.
.
Will be consistent with the objectives of the city's comprehensive plan and this chapter.
Finding: The City's comprehensive plan states, "the city does not provide for purely
agriculture land use but supports the preservation of this use in the greater Carver County
area." This area is guided residential - low density. An interim use is one that will cease
at a specified future date. A land use goal states that Chanhassen will encourage the
preservation and adaptive reuse of structures of historic or architectural significance.
o
Will be designed, constructed, operated and maintained so to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the
essential character of that area.
Finding: The original use of the property was part of a larger farmstead. The applicant is
seeking to preserve "the 1920's farmstead look and lifestyle." The intensity and level of
use is compatible with the neighborhood.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Miss Rosie's Farm
June -14 24, 2002
Page 9
.
,
,
10.
1l.
12.
,
Finding: Petting farm criteria should minimize or eliminate hazards.
Will be served adequately by essential public facilities and services, including streets, police
and fire protection, drainage structures, refuse disposal, water and sewer systems and
schools; or will be served adequately by such facilities and services provided by the persons
or agencies responsible for the establishment of the proposed use.
Finding: The existing septic system has failed and must be abandoned. The site has
sewer and water available with access via West 78th Street.
Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: No additional services are required with this use.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare because of
excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The staff has limited the animals and added conditions to mitigate the impact of
smell and noise, etc. Violations of noise and smell, etc. should be grounds for terminating
the use.
Will have vehicular approaches to the property, which do not create traffic congestion or
interfere with traffic or surrounding public thoroughfares.
Finding: The site will have access off West 78th Street.
Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: Staff is recommending preservation of trees as well as additional plantings. The
plan is being revised to maintain, to the extend possible, the historic character of the site.
Will be aesthetically compatible with the area.
Finding: It is intended to have a farmstead use and lifestyle.
Will not depreciate surrounding property values.
Finding: Staff has provided conditions that should mitigate any negative impacts to
property values.
Will meet standards prescribed for certain uses as provided in this article.
Miss Rosie's Farm
June 4-8 24, 2002
Page 10
Finding: The petting farm will meet standards prescribed for its operation.
FINDINGS VARIANCE
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
ao
That the literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of comparable property within 500 feet of it. The intent of this provision is not to
allow a proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The hardship is due to Minnesota Historical Society requirements to maintain
the historic integrity of the site, and maintain its eligibility for the National Register of
Historic Places.
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The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: There is no other petting farms operated in the city. There are few properties left
in the city that are eligible for registry on the National Registry of Historic Places.
The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The proposed variance is not based upon a desire to increase the income potential
of the property, but rather, to maintain the historic character of the site.
The alleged difficulty or hardship is not a self-created hardship.
Finding: The difficulty is due to Minnesota Historical Society requirements to maintain
the historic integrity of the site, and maintain its eligibility for the National Register of
Historic Places.
e.
The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is located.
Miss Rosie's Farm
June -t4 24, 2002
Page 11
The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or increase
the danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood.
PLANNING COMMISSION UPDATE
On June 18, 2002, the Planning Commission reviewed and recommended approval of this
application with modifications to the conditions. One condition that was removed stated "The
applicant shall plant a windrow of trees along the south and east property lines around the
pasture." This condition was originally included based upon a report that was supplied by the
applicant to mitigate impact on her property. Therefore, it has been kept part of the conditions of
approval.
A second issue dealt with the width of the driveway. The applicant wishes to maintain a 10 foot
gravel driveway. The Fire Marshal is requiring a 20 foot wide driveway for safety reasons. The
Planning Commission recommended the City Council determine the width. Staff is recommending
a 20 foot wide driveway.
A question was raised regarding the termination date of the Interim Use Permit. It is a ten year
span, starting July 24, 2000.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following motion:
"The Planning Commission recommends approval of Conditional Use Permit #2002-3 to pe~rnit
development within the Bluff Creek Overlay District subject to the following conditions:
1. No alterations or construction shall be permitted in the Primary Zone.
.
A 50 foot building setback shall be required from the northeast property line.
,
Any trail development must be coordinated with the City's Parks & Recreation
Department.
,
All upland areas disturbed as a result of construction activities shall be immediately
restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded
Miss Rosie's Farm
June 4-8 24, 2002
Page 12
within two weeks of completion of each activity in accordance with the City's Best
Management Practice Handbook.
.
The storm water runoff from the manure/compost area shall be buffered prior to
discharge into the Bluff Creek Overlay District to protect water quality. The applicant
shall work with City staff to develop an appropriate buffer plan.
o
For safety purposes, the duck pond shall have a 10-foot wide safety bench at the
normal water level. The slope of the safety bench shall not be steeper than 10:1.
"The Planning Commission recommends approval of the amendment to Interim Use Permit
#2000-2 to permit revision of the petting farm plan with a variance for the use of gravel driveways
or grass pave system, based on plans dated February 22, 2000, as revised 12/27/01, and subject to
the following conditions:
1. The site plan shall comply with Sec. 20-267. Petting Farms.
.
Accumulation of feces shall be located at least 200 feet from any well.
Accumulation of feces shall be removed at such periods as will ensure that no
leaching or objectionable odors exist. The premise shall not be allowed to
become unsightly.
3. Parking shall be limited to 10 stalls with the provision for one (1) bus.
.
An eight-foot accessible parking space with an eight-foot wide access must be
provided. This space must be located as close to the business entrance as
possible. Signage must be provided in accordance with the Minnesota Building
Code.
o
Handicap parking may not be located adjacent to the house unless the driveway
from the southern parking area to the parking stalls and the parking stalls
themselves are improved to commercial standards (26 foot wide drive aisle with
seven ton roadway design).
.
If the handicap parking is located in the southerly parking area, then an accessible
trail must be provided from the parking area to the petting farm area.
,
The applicant shall submit a landscape plan for the proposed development. The
applicant shall show the location, size and species of proposed trees and shrubs.
o
The applicant shall plant a windrow of trees along the south and east property
lines around the pasture.
Miss Rosie's Farm
June -14 24, 2002
Page 13
,
Tree protection fencing will be required at the edge of grading and shall be
installed prior to construction.
10.
Landscaping shall be added to the area between the parking lot and West 78th
Street to provide a buffer. Included in the plantings shall be 2 overstory trees, 6
understory and 6 shrubs. Installation of buffer yard plantings or a landscaped
escrow is required prior to beginning operation of the petting farm.
11. Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
12.
The site shall only have access from West 78th Street. The northerly access on
Highway 41 shall not be used for public access.
13. A dead animal disposal plan shall be submitted to the city for review.
14. The permit shall be reviewed annually to determine compliance.
15.
The applicant must apply and obtain all necessary permits from regulatory
agencies such as Carver County, DNR, USDA, etc.
16. The interim use shall terminate in eight (8) years (by July 24, 2010).
17. The Building Official's conditions are as follows'
a. All public buildings must meet code requirements as required for new buildings
because of the change in occupancy classification.
b. All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities.
c. One accessible parking space must be provided.
d. Accessible sanitation facilities must be provided. Portable facilities may be
allowed with a seasonal use, if permitted by the building code.
1. The use proposed requires that permanent sanitation facilities be
provided, two restrooms, one male and one female.
2. The property must connect to city sanitary sewer service.
3. The existing septic system, which is failing, must be abandoned.
e. The food preparation facilities require approval from the Minnesota Department
of Health.
f. Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
18. The Fire Marshal's conditions are as follows'
a. A 20 foot wide fire lane shall be provided, but it is recommended that the City
Council consider 10 feet.
Miss Rosie's Farm
June -18 24, 2002
Page 14
b. The Fire Marshal shall review the existing buildings to be utilized for the petting
farm to determine code compliance.
c. Smoking is prohibited in any building used in conjunction with the business.
d. "No Parking Fire Lane" signs shall be installed on the fire lane.
e. Any new driveway must be designed to support the weight of a fire truck year
round.
f. Any new driveway must be installed prior to the removal of the existing driveway.
g. The amount of combustible material (i.e., hay, straw, etc.) on the floors of any
buildings used in the business must meet fire code requirements.
h. All electrical wiring must meet code.
19.
Revise the driveway width to 26-foot at: t:ho parkin!it ont:ran¢o and
not: t:ho who:lo clrivowalr, and maximum 10% grade is allowed.
20.
The Handicap Park must be off the commercial portion of the driveway with
appropriate signage.
21. Add City Detail Plate No.5300.
22. Re-sod or reseed any disturbed area.
23. Add a benchmark to the plan.
24. The applicant must get MnDOT permit for right-of-way grading.
25. Show parking stall width and length.
26. Revise the driveway side slope to a maximum 3:1 along the west side.
27. All plans sheets must be signed by a Registered Engineer.
28.
a.
The applicant needs to submit:
A maintenance schedule for the gravel drive for review by the City.
A letter of credit or escrow in the amount of 125% of the cost of the annual
maintenance.
29.
In addition, the applicant will be required to sign an agreement that:
a. The property owner will submit an annual inspection report confirming that the
driveway has been properly maintained to ensure the 7-ton design remains viable.
That inspection to be performed by someone mutually agreeable to the property
owner and the City of Chanhassen.
b. If the maintenance schedule is not met the City reserves the right to perform the
maintenance and bill the property owner for actual cost plus 30% for
administrative costs.
Miss Rosie's Farm
June 44 24, 2002
Page 15
Should it become apparent that the property owner is incapable or unwilling to
maintain the 7-ton gravel road appropriately, the drive related parking areas would
be closed for commercial use until such time as they are reconstructed to meet the
then current City Standards for commercial drives.
30.
The State Historic Preservation Office shall review and approve any alterations to
the site.
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16.
17.
18.
19.
20.
21.
Findings of Fact and Recommendation
Development Review Application
Nan'ative date stamped received 5/22/02
Grasspave Brouchure
Miss Rosie's Farm, June 2002 Plan
Miss Rosie's Farm Feb. 22, 2000 Plan
Miss Rosie's Frown Narrative stamped received Feb 22 2000
Chicken Coop, Compost and Manure Sketch Plan stamped Apr 04 2000
Letter from Jennifer Chaput (MNDOT) to Robert Generous dated June 12, 2002
Letter from John Isackson (MNDOT) to Susan McAllister dated 6/12/02
Letter From Teresa Burgess to Susan McAllister dated May 9, 2002
Letter from Kate Aanenson, Teresa Burgess and Mark Littfin to Susan McAllister dated
Feb. 15, 2002
Letter from Cynthia R. Kirchoff to Susan McAllister
Arboretum Village Site Plan
Letter from Curt Fakler (MNDOT) to Susan McAllister dated Oct. 30, 2001
Letter from Dennis A. Gimmestad (MN Historical Society) to Gary Elftmann dated Oct. 5,
2001
Historical Assessment, Rose-McAllister Farmstead, January 2001
Interim Use Permit #00-2
City Council Minutes of July 24, 2000
Letter from SHPO dated June 17, 2002
Planning Commission minutes dated June 18, 2002.
Miss Rosie's Farm
June 4-8 24, 2002
Page 16
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Susan McAllister, Miss Rosie's Farm, for an Interim Use Permit to operate a
petting farm with a Variance for the use of a gravel driveway and parking area or grass pave
system and a Condition Use permit to develop within the Bluff Creek Overlay district.
On June 18, 2000, the Chanhassen Planning Commission met at its regularly schedule
meeting to consider the application of Susan McAllister for an interim use permit to operate a
petting farm for the property located at 7461 Hazeltine Boulevard. The Planning Commission
conducted a public hearing on the proposed interim use was preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
o
2.
3.
4.
a.
The property is currently zoned Agricultural Estate District, A2.
The property is guided by the Land Use Plan for Residential - low Density.
The legal description of the property is attached as Exhibit A
Section 20-232:
Will not be detrimental to or enhance the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
bo
Will be consistent with the objectives of the city's comprehensive plan and this
chapter.
Miss Rosie's Farm
June -1-8 24, 2002
Page 17
c. Will be designed, constructed, operated and maintained so to be compatible in
appearance with the existing or intended character of the general vicinity and will
not change the essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
Will be served adequately by essential public facilities and services, including
streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools; or will be served adequately by such facilities and
services provided by the persons or agencies responsible for the establishment of
the proposed use.
Will not create excessive requirements for public facilities and services and will
not be detrimental to the economic welfare of the community.
Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
Will have vehicular approaches to the property which do not create traffic
congestion or interfere with traffic or sun'ounding public thoroughfares.
Will not result in the destruction, loss or damage of solar access, natural, scenic or
historic features of major significance.
j. Will be aesthetically compatible with the area.
Will not depreciate SUl~'ounding property values.
Miss Rosie's Farm
June -1-8 24, 2002
Page 18
1. Will meet standards prescribed for certain uses as provided in this article.
o
The planning report #2000-2 Interim Use Permit File 2 dated June 18, 2002,
prepared by Robert Generous, et al, is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the
conditional use permit for development within the Bluff Creek Overlay district and the interim
use pmTnit with a variance for the use of gravel driveways and parking areas or grass pave
systems.
ADOPTED by the Chanhassen Planning Commission this 18th day of June, 2002.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
ATTEST:
Secretary
--- EXHIBIT A
The parti~ ,m-'a gtc owners of a homcslcad located at 746I Hazdgnc Boulcvard, Excelsior, Carver
coUnty, Mi.nnesota 5.5331 and lcgaily dcs~ibed as follows, to-wit:
..
That part of the Non,mst Qtmncr of rite Southwea Quarter of Se~iion 9, TovmshJp 116
North, Range 23 W~-~t office 5th Prin¢ipnl Meridian described as follows:
Commenting at the northeast comer of said Northe,m Quarter of the
South~T. st Quarter, thence on an assumed beating of South 0 degrees 18
nQ.nuI~; 53 seconds F2_% along the ea.,ti lille Of ..~dd No.dtmast Quarter of
the Southwest Quarter, a distance of 1302,00 f~t; thence South 89
degrees 41 minutes 07 seconds West a distance of 540.00 Feet, to tim point
of beginning of the land to be described; thence North 0 degrees 18
minutes 53 seconds West a d~ce o£ 135.00 feet; thence South 69
degrees 41 minutes 07 ,qcconds West a distance of 388.26 reck to thc '
center line of Setc Trunk Highway No. 41; flmnce ~utherly, along said
center llnc, a dist,"mcc of 496.69 feet, to tlm h~tersection with a linc drown
South 89 degrees 41 minutes 07 seconds West from the point of
begkm/ng; thence Non.h 89 degrees 41 minutes 07 seconds East a distance
o[679.41 feet, to the point of'beginning.
Subject to an easement for accc. ss purposes over and across tint pax of thc above d~cribed
pmp,-my v, ifich lies southwcslcrly of a linc dcscn'bed as foUov,'s:
Commcnzkqg at gtc sou'&cast comer of the above described property;
thcnm on an ~'L%mmed b,',.,nring of South 89 degrees 4 l minutes 07 seconds
Wm-¢c, along the south line of said above described properly, a ctislancc ef
500.00 feet, to Otc beginning of thc line to be described; thence North 45
wcslcrly li~e c£ t}m ~bovc dc~db.~ ?co~' ~td s~Jd lh~c d~[c
Together with mu easement f'or acces~ pt.'rpos~ over amd across tlhat b'z~ o£ thc Nop&c.<Tsl
Qj~Tter o£ tlle Sou'&west Quarter of ~.Jd Selden 9 describex:i as follows:
thc Sou[hwcst Qu2ttcr, a di~"mce of' 1302.00 feet; thence South $;9
degrees 41 mbmtes 07 seconds West a dis'~nnce of 540.00 feet; thencc
North 0 degrees 18 minutes 53 seconds West a dds2nm of 360.00 £cct;
thcnoz North 45 degrees 18 nfi_nutes 53 seconds West a distance of 135.00
Feet; thence South 89 degrees 41 minutes 07 seconds West a dish,cc of
235,00 fcct, to fl~c point of bcgirming of tim ca.merit to be dcscdb'cd:
tl}cncc North 45 degrees 18 minutes 53 seconds Wcs't a did'ncc of 135.68
feet, to the ccnlcr linc of State Trunk H/ghway No, 41; thcncc southerly.
..
Mong ~'xid ccnIcr line, a chstancc o£ 111,77 feet, to thc intersection witlt a
linc drax~n South 89 degrees 41 ndnute.s 07 seconds ",','est from thc poirtt
of' bzginningi thence North 89 dcgr~s 41 minutcs O7 s~onds East n
di~qm'-,ca cf 153.26 FeeL, to the point of b%irm.ing.
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937-1900
DEVELOPMENT REVIEW APPLICATION
RECEIVED
MAY 2002
O~l'~ OF CHANHA$$EN
"7
6, t./
OWNER:
ADDRESS: ~'-~,,~?'M,~_
TELEPHONE (Day time)
TELEPHONE:
...___ Comprehensive Plan Amendment
Conditional Use Permit
interim Use Permit
Non-conforming Use Permit
Planned Unit Development*
Rezoning
Sign Permits
Sign Plan Review
__ SiIe Plan Review*
Subdivision*
Temporary Sales Permit
Vacation of ROW/Easements
Variance
Wetland Alteration Permit
_ Zoning Appeal
_ Zoning Ordinance Amendment
Notification Sign
Escrow for Filing Fees/Attorney Cost**
($50 C U P/SP R/VAC/VARANAP/Metes
and Bounds, $400 Minor SUB)
TOTAL FEE $
A ~st of all property owners within 500 feet of the boundaries of the property must be included with the
application.
13u~ding material samples must be submitted with site plan reviews.
'q'wenty-six full size f_olded copies of the plans must be submitted, including an 81/2'' X 11" reduced copy of
b'ansparency for each plan-sheet.
'"* Escrow will be required for other applications through the development contract
,~DTE- W,hen multiple applications are processed, the appropriate fee shall be charged for each application.
_
PROJECT NAME A
LOCATION "/L[ BI
LEGAL DESCRIPTION
TOTAL ACREAGE ~
WETLANDS PRESENT
PRESENT ZONING
YES '~"/'/ NO
REQUESTED ZONING
PRESENT LAND USE DESIGNATION
REQUESTED LAND USE DESIGNATION
REASON FOR THIS REQUEST
This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Department to determine the specific ordinance and procedural requirements applicable to your application.
A determination of completeness of the application shall be made within ten business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within ten business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
this application and the fee owner has also signed this application.
I will keep myself informed of the deadlines for submission of material and the progress of this application. I further
understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of
my knowledge.
The city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
requirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
extension for development review. Development review shall be completed within 120 days unless additional review
extensions"are approved by the applicant.
,.
Si0naturef~6f Applioant Dat(a
Signature of Fee Owner Date
Application Received on Fee Paid Receipt No.
The applicant should contact staff for a copy of the staff report which will be available on Friday prior to the meeting.
If not contacted, a copy of the report will be mailed to the applicant's address.
The revised plan allows space for two buses at one time as I know this could become one of the
problems I will be encountering as most school districts send out an average of 1 to 2 buses per
field trip. While I don't anticipate more than one bus on most other occasions, it could very easily
come about that one bus could arrive earlier than scheduled and/or one bus might leave later than
planned (you know how those little kiddies can get--sometimes a bathroom visit before leaving
could become a lunch hour.)
The width of the driveway as shown on my plan has been cut in half, resulting in less impact on
the woodland area and eliminating the need for a retaining wall. The driveway and parking areas
will all be pervious surfaces. The bus parking area will be created with an invisible structure
product, or similar, so that no gravel will be put in, only grass. Eventually, my goal will be to hide
all parking areas and allow only the driveway to be gravel.
Accessing from the very western side of my properly as I am requesting allows a specific
controllable spot to collect admission fees. Also, it allows me to use all of my property from
west to east instead of breaking the parcel in half and only using the area which would be west of
a north-south driveway through the middle of my property. About half of the eastern side of the
property is all green space in keeping with the farm's integrity. To have the property divided in
half by a driveway would render about 2/3 of the area unusable, which would be a definite
impediment to the success of my operation.
Because the new driveway and parking configuration disturbs much less vegetation and far fewer
trees (only 2), I am also requesting that the prior condition requiring additional trees and plantings
be revised. As can be seen from the plans submitted, the site is heavily wooded with much
underbrush and existing vegetation which will not be disturbed and there is very little room on the
site on which to plant additional trees or shrubs.
As to the location of the daffodils, unless and until I am able to purchase the small area of land
between my property on the south and the edge of the street right of way, I am limited to planting
the daffodils in the area as I have designated on the plan.
As we discussed and as is of record in the minutes of the initial approval of my Site Plan and the
approval of the IUP, there may very likely be other areas of modification which may become
necessary in the future, whether triggered by operational needs or by the constraints of preserving
the historical integrity of the farmstead. I would appreciate confirmation of my original
understanding that I will be able to bring minor changes to staff and, if necessary, to the Planning
Commission and/or Council with a minimum of cost to me in the form of additional fees. This
project is unique to all of us and neither the City staff nor I can anticipate all of the needs that may
need to be met in order to make the undertaking successful to the benefit of'Miss Rosie's Farm as
well as the community.
I AY 2 2, 2002
CITY OF CHANHA$SEN
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183500
°
-'--183500 '
-{---183000
MISS ROSIE'S FARM®
FEB 2000
The purpose for my request is to enable me to operate a petting farm from my existing hobby
farm. My goal is to preserve the farmstead look and lifestyle with an historically.correct (as
much as possible) 1920's genre. Visitors will be charged a small fee and in return will receive an
enriching experience for children and adults alike--an unforgettable way to have fun without
superheroes or violence.
Initial year around activities xvill include such things as'
Hands on petting farm opportunities
Pony rides
Goat milking
Learning about the Farm life ~hrough stories read and ~old
Playing old Farm games
Educational opportunities through Can'er County 4-H animal projects (ability to lease
livestock and bring them to the Carver County Fair. potentialh' qualiR.'ing for
prizes and to ,,o to the state Fair.
]31~,rbect_les in the summer kitchen.
Future activities may include all or some of'the f'olloxvin,~ activities or related actix'ities:
\'iow photos oFwildliFe rehabilitation projects currently being conducted ar .N'liss Rosie's
F'rog pond catch and release
Bluff Creek nature walks
Picnic lunches-to-go
Picnics in the woods - blankets, not tables.
There will be f'arm-related items For sale including:
The adventures of Miss Rosie's Farm (stoo'books written by Miss Rosie)
Natural fertilizer (creatively packaged)
Fresh eggs in brown, mint green, light blue, pink and olive green colors
Farm- related gifiware and momentoes
Antique farmhouse treasures
Preserves
Garden vegetables
Po~ted herbs and plants such as goatsbeard, hens and chickens, etc.
Bluff Creek (trademarked) stepping stones offered in 2001
Bluff' Creek (trademarked) pottery, note cards and other selected merchandise, 2001
(Of' the Bluff Creek sales, a percentage of'profits ,,,,,ill be donated to maintain the Bluff
Creek Headwaters, \Voods and Bluff' Creek Area)
.Examples of'special events:
Winter:
Summer:
Live Nativity, Christmas Caroling - Christmas Holiday Season
Sheep shearing demonstrations with children participating in gathering and
bagging the wool for market.
Learn how to swing lariats and lassos with a real cowboy.
FFA one-day workshops
Hours of Operation
Days of' Operation
Season of Operation
10'00 a.m. to 7:00 p.m.
Initially: 5 davs"week' Future: 7 davs"week
Year around
Location:
b,'o. \'chicles: '~fl plus ~ buses
]0 cars and 2 buses - See Site Plan for current and future locations
Additional overflov,," 10 stalls along driveway coming ~o farm l?om \\'. 78tt~ St.
Note: iour,~ and visits will be pia,uned se that no more than a maxin~um of
]00 people will be on-site at an~' one t'me. No more tl~an a maximum of 20 cars are
anticipated at any one time.
Barn - '"-stories (upper lex'e! is not curr'e~tlv used but may be used in the
future for small gatherings such as birthday parties)
Lower Level - walk-through animal viewing
Existing garage - Product sales. (Future product sales from expanded
garage or similar larger building to be acquired/constructed.)
Pump House
Pon)' Stable (not enclosed~pole type) approx. 20'X 20'
Chicken Coop
Add;tional Elements'
Summer Kitchen 10' X 12"
Chicken Coop - to replace existing which will be used for storage
\Vildiife rehabilitation building, approximately ]0'X 14'
Summer Kitchen Building - Approximately size ora single ,~arage, to be
used for food items, BBQ's and other packaged picnic items
Potential addition to house o? approximately 1/2 existing footprint to be
used for home office
\Vindmilt and potentially a silo
Signage:
Identification at W. 78th Street Driveway, approx. 4'X 8'
Upcoming Special Events Chalk Board
12"X 18" signs including for example: Absolutely No Smoking, Bathrooms, 2 Miles/Hr,
No Customer Animals Allowed, Store, Do not Climb Fences, Chalk Board, Overflow
Parking, Etc.
Lighting'
ITL1 t L1 I'¢ ]
2 N1ercurv vapor lights (1 mounted on pole and 1 rnour~ted on barn) shielded to
direct li~l,,tina downward.
Decorative street lamp at yard entry
4 Lox,,' lex'el wattage exterior lights on east elevation of barn
1 Nlercurv vapor light on northern drix'eway
Number' of Emi,,lovees:
Currently' 2
Future: 4-5
Example of Animals to be Available:
(Note: This list is an example only, exact numbers of species will x'a~' from time and species
selection will va~' from time to time, but is not expected to ~'an' dramatically from the list set
fo~h below.)
Species
Shetland Size Ponies
hfini Donkey 1
h'lini Horse
Potbellied Pies
Feeder Pigs 4
Sheep
Pygmy goats 4
Nlilkin- Goat
Rabbits
Chinchillas
Red Fox'
Hedgehogs 2-4
",,'oun-= Calf
Ga~oele of oecse S-1
Ducks 3
Chickens 20
Exotic White Peafowl
Red Golden Pheasants 3
Prairie Dogs 2
\'arious Rehab Animals such as squirrels, chipmunks, fox, coyote. (These animals require a
separate building so that they cai1 be segregated from tile animals viewed by tile customers.)
.
Miss Rosie's Farm is a registered trademark with the U.S. Trademark and Patent Office. Several
of Miss Rosie's stories have been written in a series entitled The Adventures of Miss Rosie's
Farm. They are stories of life from the animals' perspective.
Gifiware items might include milk stools, goats milk soap, wool batts made of sheepswool,
prairie dresses, reproduction prints of early 1900% old masters depicting farm livestock and
poultD' varieties, etc.
Miss Rosie's Farm }las been USDA approved for the care and feeding of animals for purposes of
a commercial petting farm.
\Vith respect to compliance with the City's general standards £or issuing conditional use permits,
the applicant believes that:
The farm is and will continue to be operated in a way that is not detrimental to nor will it
endanger the public health, safety comfo~-t and convenience or eeneral welfare of the
neighborhood or tile city.
Upon approval of' the application it will be consistent with tile zoning for tile property.
The locations of buildings on the site will not be chanoed= immediately~ and any future
addition of buildings as set forth on the Site Plan submitted will not dramatically char~ge
the appearance or character of the site. By preser¥ing this site as a Tarm' tile City will be
preserving some of the romantic qualities of the rural flavor, rolling and wooded
countr)'side which tile residents of Chanhassen find so compelling. ,~
The farm is now and will continue to be operated in a manner which is not hazardous or
disturbing to existing or planned neighborhood uses. There is a significant buffer at the
north and east property lines comprised °fwetlands, hills and tree canopy. There are no
plans to clear these areas. The west and south property lines will abut existing and/or
proposed roadways.
Tile use requires no increase in public utilities, police or fire protection or other public
services.
.
.As stated at No. 5 above, the approval of this application will not create excessive (no
additional) requirements for public facilities and services and it will not be detrimental to
the economic welfare of the community, rather it will be an enhancement.
,
Similarly the use will not produce excessive traffic, noise, smoke, fumes, glare, odors,
rodents or trash. Management practices have been put in place to curb the potential
existence of problems from odors, rodents and trash (manure).
The vehicular approaches to the property are those which currently exist and/or which
will be created at the time of the completion of'the frontage road which will abut the
property. No traffic congestion will be created nor will the surrounding public
thoroughfares be negatively impacted.
.
The use will not result in tile destruction, loss or damage of solar access, natural, scenic
or historic features of major significance.
10and lt.. It will continue to be aesthetically compatible with tile area and will not depreciate
surrounding property values. See answer at No. 3 above.
i2.
Up, on approval of the modification requested, the use x:'i!! meet standards prescribed for
cc~ain uses set forth in the Code.
184000
183500
..
~ > 0 -~ooo
13:
,.?
06/12/2002 WED 10:69 FAX 6§1 §82 1010 ST ~N TRANSPORTATION ~002/003
Minnesota Department of Transportation
Waters Edge
1500 West County Road B2
Roseville, MN 5,5113
June i2, 2002
Mr. Robert Generous, Senior Plmmer
City of Chanhassen
690 City Center Drive
Post Office Box 147
Chanhassen, Minnesota 55317
Subj oct:
Miss Rosie's Farm--Mn/DOT Review #S02-033
East of Tnmk Highway 41 and North of Trunk Highxvay 5
Chanhassen, Carver County
Control Section 1008
Dear Mr. Generous:
The Mi~mesota Department of Transportation (Mn/DOT) has reviewed the above referenced site
plan. /n addition to our pre~rious review (#S01-077) comments, dated Jarmary 15, 2002, plcase
address the following issues:
'Die submitted plans do not show the northern boundary of thc property, including the
proposed access to Trunk Highway 41. As noted previously, the proposed northern access
will be penuittcd for pr/rate use only (i.e. ibr personal use by the property owner) and the
existing driveway must be closed. Those visiting the property for thc purpose of the business
will use solely thc West 78'h Street access. Again, the site plan nmst bc modified to reflect
that tile proposed driveway is lbr personal use only. If you have any questions regarding
infom~ation, please contact Curt Faklcr, Area Engineer, at (651) 582-I382_
M_n/DOT is in receipt of a grading permit. The permit will be processed following site plan
approval by the City Council at their Jm~e 24, 2002 meeting. Please direct questions
regarding permit procedures to Keith VanWagner (651-582-1443) of Mn/DOT's Permits
section.
Please address all future correspondence for development activity such as plats, site plans,
enmronmcntal reviews, and comprehensive plan amendments to:
Paul Czech
Mn/DOT - Metro Division
Waters Edge
1500 West County Road B-2
Roseville, Minnesota 55113
Mn/DOT document submittal guidelines require thrce (3) complete copies of plats m~d two (2.)
copies of other review documents including site plans. Failure to provide tlu'ee (3) copies of a
plat and/or two (2) copies of other review documents will make a submittal ~ucomplete and delay
Mn/DOT's review and response to development proposals. We appreciate your anticipated
cooperation in providing thc ncccssary number of copies, as this will prcvcnt us from having to
delay and/or return incomplete submittals.
An equal opportunity employer
06/12/2002 WED 10'$9 FAX 651 582 1010 ST tiN TRANSPORTATION ~003/0~
Feel fi'ee to contact me at (651) 582-1378 if you should have any questions.
.J~. if'¢rCh.~l~Us~ior Tr~atio~t ?l~nnt~ A.ICP_ er
John Freemyer, Carver County Surveyor
Roger Gustafson, Carver County En~neer
Hansen Thorp Pell ir~en Olson Inc.
lx,~/DOT Division File C,S. 1008
Mn/DOT LGL - Chanhassen
Waters Edge
1500 West County Road B2
Roseville, MN 55113
P.F~i
June 12, 2002
Susal~ McAllister
7461 Hazeltine Boulevard
Chanha,sen, MN 55331-8001
Phone: (952) 474-5099
Re;
New Driveway Off of West 78th Street Frontage Road
Susan McAllister and Mn/DOT have been working together on a proposed new driveway off of
West 78th Street since September of 1999.
Sincerely,
John Isackson, P.E.
M~v'DOT Area Right-of-Way Manager
Phone: (651) 582-1273
Fax: (651) 582-1496
CC: File
An equal opportunity employer
May 9,200~
CITYOF
CHANHASSEN
· ,..,., !/,a;ket Boulevard
?.3 :;c;,. 147
Administration
;~:~. E2 £27 !i0,3
;;', 9~; 227 1!!0
Building Inspections
Engineering
Finance
-:, i: ....
Park & Recreation
_-: '.: --- ,..*
Planning &
Natural Resources
Public Works
Senior Center
Susan McAtlister
7461 Hazeltine Boulevard
PO Box 3 t t
Excelsior, MN 55331-8001
Re: Access for Miss Rosie's Farm
Dear Susan'
Engineering has reviewed your plan submittal of a commercial access tbr Miss Rosie's
Farm. The plan submitted does not indicate the width o£ the proposed driveway. Please
have this information dimensioned on the plan and submit a final signed copy for final
review.
In addition, the following issues raised in the February 15. 2002 letter to you and si=o-ned
by Kate Aanenson. Teresa Burgess. and Marl< Lit-trin still need to be addressed.
Please submit:
· A plan showing the appropriate silage for the _ADA accessible parking area and
bus stop.
· A maintenance schedule for the ~avel drive tut review by the Civ.
· A letter of credit or escrow in the amount of 1250o of the cost of the annual
maintenance.
In addition, as a condition of approval you wii! be required to sium an a~eement that:
· The prope~' owner will submit an annual inspection report confin-ning that the
drive has been properly maintained to ensure the 7-ton desi~ remains viable.
That inspection to be pertbrmed by someone mumallv %n-eeable to the property.'
owner and the Citw of Chanhassen.
· If the maintenance schedule is not met the Cio,' reserves the right to perform the
maintenance and bill the propert5' owner Ibr actual cost plus 30% for
administrative costs.
· Should it become apparent that the property..' owner is incapable or unwilling to
maintain the 7-ton ~avel road appropriately, the drive any related parking areas
would be closed for commercial use until such time as they are reconstructed to
meet the then current Cits,.' Standards for commercial drives.
If vou have an,:' questions, please contact Mahmoud Sweidan at (952) 22%1165 or by e-
mail at ms,.veidan'%~_ ci.chanhassen.mn.us.
Sincerely,
Web Site
.'.;..',. 7.~' '~,,!~
CITY OF CHANHASSEN
Teresa Burgess, P.E.
Director of Public Works/Gib' Engineer
c: Kate Aaenson. CommuniD' Development Director
Mark Littfin. Fire Marshal
Mahmoud Sweidan, Engineer
g: eng'teresa rosies :'am~ access 5-9-02.doc
The City of Chanhassen o '
CITYOF
690 CiO, Ce, ter Drive
?0 Box 147
Mi,,esota 55317
Vholle
952.937.1900
Gelleral Fa. r
952.9325.739
Departme, t £ax
952.937.9152
Buildi,g Depm'tme,t Fax
952.93(2524
IU'b Site
i~. 'l~ 'Y.:t']. t'[~,, t il/..h lS.~Fil. Iil tl. ll.~
February 15, 2002
Susan McAllister
7461 Hazeltine Blvd
P.O. Box 311
Excelsior, MN 55331-8001
RE: Access for Miss Rosies Farm
Dear Susan:
This letter is in regards to your request for a gravel driveway rather than a paved
access. The City's concerns with a gravel drive are that the driveway must
provide access in all weather conditions to the customers of Miss Rosies Farm,
and provide access to all emergency vehicles. Your interim use permit is for a
business operation.
Dl-ives that serve a commercial use must meet a minimum 7-ton, 26-foot wide
design. One of the City's standards for a 7-ton design is that it is paved.
If you wish to deviate fi'om this standard (paved) you will' be required to submit to
the City the following:
· A cross section similar to the one shown on the attached standard detail.
· A plan showing the new layout along with appropriate signage plan for the
ADA accessible parking area and bus parking.
· A maintenance schedule for gravel drive for review by the City.
· Letter of Credit or Escrow in the amount of 125% of the cost of the annual
maintenance.
As a condition of approval, you must sign an agreement that:
· The property owner will submit an annual inspection report
confirming that the drive has been properly maintained to ensure
the 7-ton design remains viable. That inspection to be performed
by someone mutually agreeable to the property owner and the City
of Chanhassen.
· If the maintenance schedule is not met the City reserves the right to
perform the maintenance and bill the property owner for actual
cost plus 30% for administrative costs.
· Should it become apparent that the property owner is incapable or
unwilling to maintain the 7-ton gravel road appropriately, the drive
and any related parking areas would be closed for commercial use
until such times as they are reconstructed to meet the then current
City Standards for commercial drives.
Miss Rosies Farm
February 15, 2002
Page 2
This is an administrative decision. If you disagree with this decision you may appeal to the
Planning Commission.
Sincerely,
Kate Aanenson
Community Develo'~ment Director
Fire Marshal
Teresa Burgess
Public Works Director/City Engineer
Enclosure
CITYOF
C HASSEN
Ce,ret Ddre, PO Box 147
Mi,,esota 55317
612.937.1900
Fo: 612.937.5739
Ia.,: 612.937.9152
0' £~.,' 612. 934.252.~'
'l&t']. t'~7,1tl/h Lc.ct'ti. 11lll. l!.;
July 25, 2000
Ms. Susan McAllister
7461 Hazeltine Blvd.
P.O. Box 311
Excelsior, MN 55331
Dear Ms. McAllister:
This letter is to formally notify you that on July 24, 2000, the City Council
approved your requests for a zoning ordinance amendment (ZOA #00-1) to allow
petting farms as an interim use in the A-2, Agricultural Estate District and an
interim use permit (IUP #00-2) to operate a petting farm, subject to the plans
dated February 22, 2000, with the following conditions:
1. The site plan shall comply with Sec. 20-267. Petting Farms as prepared by
staff.
,
Accumulation of feces shall be located at least 200 feet from any xvell.
Accumulation of feces shall be removed at such periods as Will ensure that
no leaching or objectionable odors exist. The premise shall not be allowed
to become unsightly.
.3. Parking shall be limited to 10 stalls with the provision for only 1 bus.
,
The applicant shall submit a landscape plan for the proposed development.
The applicant shall show the location, size and species of proposed trees
and shrubs.
o
Landscaping shall be added to the area between the parking lot and' West
78th Street to provide a buffer. Included in the plantings shall be 2
overstory trees, 6 understory and 6 shrubsl
6. Landscaping may be required for the parking lot if it exceeds 6,000 square
feet.
7. The site shall only have access from West 78th Street.
8. A dead animal disposal plan shall be submitted to the city for review.
9. The permit shall be reviewed annually to determine compliance.
Ms. Susan McAllister
July 25, 2000
Page 3
14. The septic system shall be brought into compliance prior to the operation commencing
on the site. In addition, maintenance and inspection reports on the new system shall be
submitted to the City on a biannual basis. At such time as the new system becomes non-
compliant and sanitary sewer is available the property shall connect to the sanitary sewer
as per the requirements in place at that time.
You cannot operate the petting farm until all conditions have been met and the interim use permit
is recorded at Carver County. The recording fee is $50.00. Please remit this fee to my attention.
Also, we show that the property owner's list fee of $10.50 has not yet been submitted.
Should you have any questions, please feel free to contact me at 937-1900, ext. 117.
Sincerely,
Planner II
c: Stex'en Torell, Building Official
.I
-
Minnesota Depm [ment of Transportation
Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
October 30, 2001
Ms. Susan McAllister
P.O. Box 311
Excelsior, Minnesota 55331-8001
Subject:
State Project (S.P.) 1002-61 Trunk Highway (T.H.) 5
Private Driveway
Dear Ms. McAllister:
On October 29, 2001, Mn/DOT and the City of Chan_hassen met with you to discuss the
issues with regards to your driveway. The issues discussed were the historic nature of the
property, the zoning ordnances of the City and the timeline of the Mn/DOT work.
M~z/DOT is requiring that the southerly driveway on TH 41 be closed for safety. As a
result, Mn~/DOT is placing a driveway apron on West 78th Street and working toward a
settlement for you to place a driveway on the property as you see fit within the
appropriate zoning ordnances. Due to the tight timeline, Mn/DOT `,viii pursue
condenmation for this settlement. This action is strictly being taken to keep the timeline
of the existing work. If a settlement can be reached prior to the completion of the
condemnation, then the condenmation will be halted.
The City of Chanhassen has expressed that they are willing to review plans for a new
plat. This new plat is understood to alter the driveway location from the existing plat of
the same property. The City has made commitn'tent that if you have a plan to them prior
to Thanksgiving, they will review the plan and be ready for the December public hearing
date. Then the City council could act on this as soon as January 2002. At any rate, the
City believed that the process could be completely done by about March 1, 2002. This
timeframe should fit within the Mn/DOT's process as well.
You had made con~nitments to deliver a plan to the City of Chanhassen prior to
Thanksgiving. Additionally, you ,,,,'ere going to provide Joint Isackson with two quotes to
construct the driveway.
I want to thank you and the City of Chanhassen for the work on this issue.
Area Engineer
CC'
City of Chanhassen :'"'J(~ ~,~ ,~,* S,"~
Jotm Isackson, Mn/DOT
An equal opportunity employer
-MINNESOTA HISTORICAL SOCIETY
STATE HISTORIC PRESERVATION OFFICE
October 5, 2001
Mr. Gary Elftmann
St. Paul District Corps of Engineers
190 5th Street East
St. Paul, MN 55101-1638
RE:
Pulte Homes- Arboretum Village development
Chanhassen, Carver County
SHPO Number: 2000-1434
RECEIVED
OCT 0 9 2081
CiTY OF CHANHASSE
Dear Mr. Elftmann:
Thank you for your letter regarding the above referenced undertaking. We have the
following comments:
1. Your letter indicates that you feel the area of potential effect for this project is
limited to the impacts of placing fill in the wetland areas and the construction
activities in areas immediately surrounding those wetlands, rather than the
impacts of the entire housing development. We would appreciate further
consultation on this issue with the Advisory Council.
2. We concur with your determination that the Rose-McAllister Farmstead meets
National Register criteria.
3. We concur with your determination that the undertaking will have an adverse
effect on the farmstead.
4. You have proposed landscape mitigation measures to address the visual
effects of the construction on the farmstead. In order for us to evaluate the
appropriateness of these measures, we need more detailed information on the
proposed landscape design.
5. We are aware that the owner of the farmstead has concerns about structural
damage to the farm buildings that may be related to the development activity.
6. It would appear to us that formulation of a Memorandum of Aqreement to
address the effects of this undertaking should include an opportt~'nity for public
review and comment on the analysis of effects and on the proposed mitigation
measures.
3.15 ],[EIJ,()f;G B(.IULE\'.\IID XX'ESq' / SAINT [{-\t'l.. MINNESOTA 55102-19o6 1 TELEPItONE: 651-296-6126
We look forward to working with you to complete this review. Contact us at 651-296-
5462 with questions or concerns.
Sincerely,
Dennis A. Gimmestad
Government Programs and Compliance Officer
cc: David Berwick, Advisory Council on Historic Preservation
Brad Johnson, US Army Corps of Engineers, COE # 200102069
Susan McAIlister
Kathryn Aanenson, City of Chanhassen
Randall Hedlund, Hedlund Engineering
Teresa Halloran, Loucks Associates, Loucks Report #00506
Charlene Roise, Hess, Roise and Co.
Jim Litsheim, University of Minnesota
Peter Olin, Minnesota Landscape Arboretum
Keith Cherryholmes, Minnesota Pollution Control Agency
Tom Cinadr, State Historic Preservation Office (CEF)
Historical Assessment
Rose-McAllister Farmstead
SHPO°Number: 2000-1434
Highway 41
Chanhassen, Minnesota
January 2001
Prepared by
Abbey Christman &
Charlene Roise
Architectural Historians
Hess, Roise and Company
The Foster House
100 North First Street
Minneapolis, Minnesota
612-338-1987
I
Overview
On November 10 Abbey Christman visited the Rose-McAllister Farmstead on State Trunk
Highway 41 in Chanhassen to assess its potential eligibility for the National Register of Historic
Places. This determination of eligibility is in conjunction with the proposed Arboretum Village
residential development at the intersection of State Trunk Highways 41 and 5. Pulte Homes of
Minnesota proposes to construct seventy-seven multi-unit buildings, containing 385 residences,
on 107 acres at the northeast comer of the intersection. The Rose-McAllister Farmstead is not
part of the land to be developed, but the new residential development will surround it on three
sides, occupying land historically associated with the farmstead. Ms. Christman conducted an
exterior survey of the farmstead, which consists of a house, barn, and several outbuildings. Ms.
Christman also interviewed Susan McAllister, the property owner and occupant, and conducted
map and newspaper research at the Carver County Historical Society.
Farmstead Description
The farmstead lies east of Highway 41, just north of the intersection of Highways 41 and 5. The
house, barn, and outbuildings are arranged in a rough circle with the house on the west and the
barn to the east; all are painted yellow. The land east of the farmyard, the furore site of the
residential development, is currently under cultivation. Trees encircle the farmyard except for the
southeast end, where a paddock is located.
Figure 1: House, view to east
The house is a classic example of
a Craftsman bungalow. The
Craftsman style was popular in
the United States in the first few
decades of the twentieth century.
The style originated in California
around 1905 and rapidly spread
through the country via pattern
books and magazines. This
bungalow is one-and-a-half
stories high with large gabled
dormers on the front and rear
facades. The side-gable roof has
wide, unenclosed eaves with
decorative brackets under the
gables. A porch fills the front
facade. A low wall of clay tile
surrounds the porch, which is
supported by square brick
columns.1
1 Virginia and Lee McAlester, A Field Guide to American Houses (New York: Alfred A. Knopf, 1996) 453-455.
Rose-McAllister Farmstead Assessment~December 2000~Page 1
The roof is sheathed in composition shingles. A brick chimney is located at the rear of the house.
The bungalow rests on a clay-tile foundation. A cistern is located beneath the house. Narrow,
horizontal wood siding covers the house. The house retains its original wood-framed windows;
most are three-over-one. A few alterations have been made to the house. Aluminum-framed
combination windows have
been placed over the
original windows. On the
front facade, the porch has
been enclosed with
windows surrounded by
siding and an aluminum-
frame door unit. The
columns and clay-tile wall
are intact. A skylight was
added on the rear roof and a
sliding-glass door was
added on the rear facade.
Figure 2: House and barn, view to northeast
Figure 3: Barn, view to northeast
The barn is gambrel-roofed
and lies northeast of the
house. It is a bank barn,
with a concrele ramp
centered on the wesl
facade. This barn type is
commonly used for dairy thrn~ing: cattle
are housed in the basement level and thc
loft above provides ample storage space
for hay. The barn rests on a stone and
concrete-block foundation with the
exposed basement level on the east facade
constructed of clay tile. The roof has
exposed rafter tails and is sheathed in
composition shingles; two ventilators are
located on the roof ridge. The barn is
covered with vertical board-and-batten
siding. The owner reported that the barn is
flamed with large timber beams. A pent
roof runs the length of the east facade.
Wood-flamed windows line the east
facade on the basement level; windows are
also located on the loft level of the
gambrel ends. A rusticated concrete-block milk house with a gable roof is attached to the
southeast comer of the barn. The barn appears to be unaltered with the exception of skylights
added to the roof.
Rose-McAllister Farmstead Assessment--December 2000~Page 2
Two gable-roofed outbuildings are
located east of the house, between the
house and the barn. One of the
buildings has vertical plank siding and
exposed rafter tails; the other has drop
siding and closed rafters. A hip-roofed
garage also lies east of the house; the
garage has drop siding and exposed
rafter tails. The property owner
believes these three outbuildings are
original to the farmstead. A new
chicken coop is located northeast of
the house.
The owner has recently moved three
ifineteenth-century outbuildin,_,Rs onto
the property. These structures arc
located to the west el'thc house. Since
these structures are outside o1' thc
circle of original tkmn buildings, the>
have a minimal impact on the histori~
character of tho l~lrmstead. Thc owner
is establishing a petting fiu'm on her
propcrt~(fHi~~ b'~{i:i{~, outbuildin,,s
and [Enced enclosures cun'cntly house
various t~rm animals including sheep,
hogs, goats, and chickens.
Figure 4: Barn, view to north
History of the Farm
The land on which this farm lies was claimed by Michael Liddy, "one of the pioneer settlers of
Minnesota," in the early 1850s. 2 Michael Liddy resided on this land until the mid- 1890s.
Chanhassen plat maps from 1880 and 1889 show a "Michael Leddy" owning an eighty-acre plot
at this location. In February 1920 an article in the Chaska Weekly galley Herald announced that
Val Rose, "one of our successful farmers and popular residents," had purchased the "old Liddy
eighty-acre farm." The newspaper reports that the Liddy farm had no buildings on it at this time;
it is not known what happened to the original Liddy residence. The Liddy property adjoined land
already owned by Val'Rose, and its purchase brought his "splendid farm" to 132 acres)
Val Rose established a small diary farm on his newly purchased land. Susan McAllister, the
current owner, reported that Val Rose constructed the house in 1923; the barn was erected the
2 Chaska Weekly Valley Herald, 10 February 1898, 4.
3 Chaska Weekly Valley Herald, 26 February 1920, 1.
Rose-McAllister Farmstead Assessment--December 2000--Page 3
following year. A dairy farm was operated on the property for twenty-five years. Val Rose
appears to have been a prominent member of the Chanhassen agricultural community. He was an
active member of the local Rovers Club, a social organization for farm families founded in 1901.
The club met once a month at a member's house, except in summer when they organized outdoor
picnics. Meetings .were often held at the Val Rose farm and included songs, stories, and food.
One member recalls that the meetings also provided an opportunity to exchange local news, such
as "what happened at the Kelzer place or at the Val Rose place or the Livingston place." The
club also held pie or box socials to raise money; the funds were used to provide sunshine boxes
for the sick and purchase wedding presents for club members.4
The Val Rose farm was subdivided in 1983, when Susan McAllister purchased the house and
farm buildings. The surrounding farmland passed into different ownership. The farmstead and
the fields have not been associated since that time.
Assessment of Significance
The Rose-McAllister Farmstead appears to be eligible for the National Register of Historic
Places at an historic district und6? Criterion A. The farmstead is significant for agriculture as an
example of a 1920s, small'-scale dairy operation. The integrity of design and setting are good,
and the farmstead retains its historic character. When Chanhassen and the surrounding towns
xvere agricultural communities, such dairy farms were common. However, examples of these
farms are bec6ming increasingly rare with the expansion of Twin Cities suburban development
into Carver County. The period of significance begins in 1923, when the house was constructed,
and ends in 1950, reflecting the fifty-year cutoff required by the National Register.
The Rose-McA{lister Farmstead was traditionally associated with adjacent farmland. The
surrounding area is being compromised by sprawl development, however, so it is only the
farmstead that appears to be eligible for the National Register.
·
Assessm. ent the Effect of the Proposed Development
The Rose-McAllister Farmstead is almost completely surrounded by a thick grove of trees,
except to the southeast. Although the date of the grove is unknown, trees were traditionally
planted in rural areas in Minnesota to protect farmsteads from the prevailing northerly and
westerly winds. In addition, the grove now screens the Rose-McAllister Farmstead from the
visual intrusion of modem development. The only gap currently provides a view of a farm field,
very much in character with the farmstead's historical setting.
That view will be altered by construction related to the Arboretum Village development. West
78th Street, which will provide access to the development from Highway 41, passes to the south
of the Rose-McAllister Farmstead and is intersected by a northeast-southwest cross street
southeast of the property. "Outlot A" is north of this intersection; housing is to the north, east,
and south. In addition to this visual alteration, the development will change the access to the
farmstead, which is currently provided by a driveway that curves north and east from Highway
41. A new entry road will be introduced leading north from West 78th Street.
Daniel J. Hoisington, Chanhassen.'A Centennial History (City of Chanhassen, 1996), 110-111.
Rose-McAllister Farmstead Assessment--December 2000--Page 4
Because the Rose-McAllister Farmstead appears to be eligible for the National Register, the
Arboretum Village development will have an effect on an historic property. This effect could be
adverse or not adverse, depending on whether or not the development harmed the farmstead's
physical integrity. The National Register identifies seven qualities of integrity: location, setting,
feeling, association, design, workmanship, and materials. While the new development would not
affect the integrity of location, association, design, workmanship, or materials, it would have an
impact on the agricultural setting and rural feeling of the farmstead by replacing agricultural
fields with new housing and roads. These elements are an intrinsic part of the historical character
of the farm. Thus, the proposed development would have an adverse affect on the Rose-
McAllister Farmstead due to the "introduction of visual, atmospheric or audible elements that
diminish the integrity of the property's significant features." The discontinuation of the old
access road and construction of the new road could be adverse or not adverse, depending on
details of the design.
Since the farmstead has survived since 1983 independent of the adjacent farm fields, the
economi.c viability of the farmstead is not threatened by the development of Arboretum Village
on those fields.
/
Recommended Mitigatioh Measures
A dense growti~ of trees currently surrounds the farmstead except at its southeast end. Additional
trees planted in this location, similar in density and type to those in the existing grove, would
block the view bfthe new development, mitigating the intrusion on the farmstead's setting and
feeling. The vista of farm fields will be lost, but this is perhaps inevitable: the area's rural
character seems unlikely to survive the persistent development pressure from Twin Cities'
suburbs. The existing grove provides a precedent for a wooded enclosure around the farmstead.
The design of the new access road should be reviewed and approved by the State Historic
Preservation Office to ensure that it meets the Secretary of the Interior's Standards.
Rose-McAllister Farmstead Assessment--December 2000--Page 5
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINWESOTA
INTERIM USE PERMIT #00-2
I. Pem~it. Subject to the temps and conditions set forth herein, the Cib' of Chanhassen hereby
grants a conditional use pem~it for tile folloxving use'
to allow petting thrms as an interim use in the A-2. Agricultural Estate District
2. ProperLy. Tile penni! is for propert5, situated in the City of Chal~hassen. Carver County,
Minnesota. and legally described as shown on attached Exhibit A.
3. Conditions. The permit is issued to operate a petting farm. subject to the plans dated
February 22.2000. with the folloxvin- conditions:
a. The site plan shall comply' with Sec. 20-267. Petting Farms as prepared by staff.
b.
Accumulation of feces shall be located at least 200 feet from any well. Accumulation of
feces shall be removed at such periods as will ensure that no leaching o1' objectionable
odors exist. The premise shall not be allowed to become unsightly.
c. Parking shall be limited to 10 stalls with the provision for only 1 bus.
d. The applicant shall submit a landscape plan for the proposed development. The applicant
shall show the location, size and species of proposed trees and shrubs.
e.
Landscaping shall be added to the area between the parking lot and West 78th Street to
provide a buffer. Included in the plantings shall be 2 overstory trees. 6 understory and 6
shrubs.
f. Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
The site shall only have access frOl'll West 78th Street.
h. A dead animal disposal plan shall be submitted to the city for review.
i. The pe~wnit shall be reviewed ammally to determine compliance.
The applicant must apply and obtain all necessary permits from regulatory agencies such
as Carver County, DNR, USDA, etc.
k. The interim use shall terminate in 10 years.
1. The Building Official's conditions are as follows'
1)
2)
3)
4)
All public buildings must meet code requirements as required for ne,,',' buildings
because of the change in occupancy classification.
All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities.
Two accessible parking spaces must be provided.
Accessible sanitation facilities must be provided. Portable facilities may be
allowed with a seasonal use. if permitted by the building code. If permanent
facilities are required, two acceptable septic sites must be evaluated and located
bra licensed designer.
The use proposed docs require that permanent sanitation Facilities be provided, two
l'cst~'ooms, one male and one female.
new onsite sewage treatment system must be installed.
The system must be sized to accommodate the waste fi'om the dxvellino= (this svsteln, has
recently been determined to be thiling) as ,,veil as the waste fi'om the business.
p. Thc new system must meet tlne requirements o1' Minnesota R. ules Chapter 7080 for "other
establishments.'
q. The Food preparation l~cilities require approval l¥om the N/linnesota Departmcl~t of
I tealth.
Structures intended for public use must be evaluated by a strt~ctural engineer to determine
il' the building is safe for occupancy.
s. Tiao Fire Marshal's conditions are as follows:
1) A 20 foot wide fire lane shall be provided.
2) The Fire Marshal shall review the existing buildings to be utilized for the petting farm to
determine code compliance.
3) Smoking is prohibited in any building used in COl~jUnction with the business.
4) "No Parking Fire Lane" signs shall be installed on the fire lane.
5i Anv new driveway must be designed to support the weight of a fire truck year l'OuD_d.
6) Any new driveway must be installed prior to the relnoval of the existing driveway.
7) Th3 amOtll'~t of combustible material (i.e., hay, straw, etc.) on the floors of any buildings
used in the business must meet fire code requirements.
8) All electrical wiring must meet code.
The septic system shall be brought into compliance prior to the operation commencing on
the site. In addition, maintenance and inspection reports on the new system shall be
submitted to the City on a biannual basis. At such time as the new system becomes non-
compliant and sanitary sewer is available the property shall connect to the sanitary sewer
as per the requirements in place at that time.
4. Termination of Permit. The City may revoke tile permit following a public hearing for violation
of the terms of this permit.
5. l.,qpse. If within one year of the issuance of this permit the authorized construction has not been
substantially completed or tile use commenced, this permit shall lapse, unless an extension is granted in
accordance with the Chanhassen Zoning Ordinance.
6. Criminal Penal!v. Violation of tile terms of this conditional use permit is a criminal
misdemeanor.
l)ated'~I_ulx, 24. 2000
STATE OF XlINNESOTA
CiTY OF CHANHASSEN
By,':_ ~ ~
Scott Botcher, City Ma~na~oer
COUNTY OF CARVER
)
( ss
)
The foregoing instrument was acknoxvledzed before me this '~ x.' o£
· t... .
2000. by Nancy K. Manclno, Mayor and Scott Botcher. City Manager, o~' the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by its City
Council.
Nota~hblic
I)R..\FTI!I) BY:
City of Chanhassen
690 Cilx Center l)rivc
Chal~h:Lsscn. ?xlN 55317
(612)937-1000
KAREN J. ENGELHARD T~
Notary Public-Minnesota
EXHIBIT A
Th¢ parties ~ the owners of a homestead locatod at 7461 H~fin¢ Bo~eva~d, Excolsior, Ca~'cr
Com~, ~o~. 5~331 ~d Ie~y d~s~ ~ ggows, l~t:
~t ~ of ~e No~ Qtm~er of ~e Sou~v~ ~er of Scion 9, To~msNp 116
No~ ~nge 23 W~ of the 5~ Pfinci~ Mefidi~ d~cfib~ ~ follow~:
Co~en~g at ~e no~ ~m~ of ~d No~m Q~er
n~ul~ 53 s~on~ ~ ~ong fl~e ~t ~ or ~d No~t ~cr of
fl~= $~fl~w~ ~er, a ~n~ of I302,~ ~; fl~en~ South 89
de~s 41 I~ul~ 07 se~n~ W~ a dim~ of 540.00 Feet, to fl~ point
of ~~g of ~e l~d lo be descfi~ ~en:a No~ 0 deem
~ut~ 5~ s~on~ W~t a ~~ of 135.~ feet; ~en~ South 69
dc~s 41 ~utcs 07 ~on~ W~ a ~qncc of 388,26
center ~ of S~tc Tlunk ~my No. 41; ~ence ~ug~crly, along
~nter ~ a di~ of 496.69 ~ee~ to tim h~on x~g~ a INc
Sou~ g9 flc~s 41 ~nut~ 07 ~con~ Wc~ ~om ibc ~Nt of
~~g; g~en~ No~ g9 d:~ 41 ~ut~ ~ ~on~ ~st a ~mn~
of 679.41 f~ to ~a ~Nt of~~g.
Subj~ to ~ ~ment for acc~ p~s ov~ ~ a~s grot ~ of ¢c ~v: d~cri~
p~y wNch li~ soug~we~crly ofa ~ d~~ ~
~cn:Ng at g~c ~u~ comer of fl~c a~ve dascfi~ pro~';
~e~ on ~ ~~ ~fing of Sou~ g9 de~ 41 ~Nnmes 07
W~ along g~c sou~ linc of ~d a~vc d~~ pro~y, a ~ncc
5~.~ feek to the ~gNNug of thc ~: to ~ d~~; ~cncc
we~Iy ~e of the a~v: dc~fi~ pm~' mtd ~d ~;~c
Togefl~er ~5¢ ~ ~semcnt for acce~ pu~s~ over ~d ~mss flint
Q~er of gtc Soug~wem ~cr of ~d SeOfion 9 dc~ ~ fo~ows:
Commetming at tl~c no~t comer of ~d No~h~qt Qmu~cr
Sou¢~r~ ~er, ¢cn~ on ~n ~m~ ~g of Sou~ 9 dc~s
~mi~ 53 secon~ ~qst, ~ong Ce ~ ~.ne of ~d No~t ~cr
thc Southwest Quarter, a dist,~oe of 1302.00 feet; thence South 89
degrees 41 minutes 07 seconds West a disk, ce of 540.00 feet; thencc
North t3 degrec.q 18 minutes 53 sc6onds West a distance of' 360,00 feet;
thence North 45 degrees 18 ndnutes 53 seconds West a dis-'tance of 135.0{)
feet; thence South 89 degrees 41 minutes 07 seconds West a dist,a2~cc of
235.00 £ect, to the point of beginning of thc ~'t~ment to be des, crib'cd;
tl~cncc NorlJ~ 45 dcgmcs 18 tninutes 53 geconds West a dishqnce of 135.68
feet, to d~e ccntcr linc of State Trunk H/ghway No. 41; thence soutl~rl)'.
along a'qJd center line, a dis'12.nc¢ o£ 111.77 feet, to the intersection witli il
linc drawn South 89 degrees 41 n'dnute, s 07 second~ West from the poittt
of beginning: thence North 89 degrees 41 minutes 07 seconds East a
dLctance of 153.26 feet. to thc point oriels'ming.
City Council Meeting - July 24, 2000
that kind of stuff so xve have very good comments from the departments regarding that. Last Thursday
we were at a meeting xvhich was at Minneapolis training facility and recently council signed an
agreement for a mutual aid allowing, or including Minneapolis into our Southwest Fire League. And we
have the option with working down at their training facility. They're adding a lot ofhaz met training
sites so xve're excited about getting down there and doing some training with Minneapolis. They can put
the training on for us and it's a first class facility when they get this thing up and running so we're
excited about that. We had an Edina Fire out recently. Edina Fire is specializing in technical rescue,
such as high angle rescue, confined space so if we have an incident, if we have an incident in our water
tower and it's above our capabilities, we can call on Edina and they can assist us as well if we had the
mutual aid in Minneapolis, if the big, big one hit but. But we can use Edina. We're training tonight with
Minnetonka. They're down on, as we speak they're down on Lake Susan. We had a house that a
gentleman bought and the city collapsed the house today and Minnetonka specializes in building collapse
so they are training right now as we speak, and Greg had invited Chaska to come up and also see how
they work out. \Ve've been doing some work xvith Shakopee. They have a very established dive team
and they were used on our, tile second drowning and also they ,,','ere utilized for the recovery operation
that found the gentleman in the night so we're doing a lot of training with resources around us.
Upcoming events. Fire department participating in the city's safety camp in August for 2 days. We'll
have our annual open house in tile fall, so we're busy with those planning stages. As far as fires and the
investigative stages, Greg is a network with other fire marshals and fire inspectors, investigators ill the
area and they.' get together once ill a while. There seems to be a rash of satellite fires, not only in our city
but Shakopee and surrounding. And most recently we've had a couple ofh-ouses under cons(ruction tha~
have had some small fires set so we're working with tile sherifffs office with tile detectives to try to see if
xx'e can solve those arson fires. Other than that, all is well.
May'or Mancino: Good. Good. good, good. Great. any questions roi' Mark?
Councilxvoman Jansen: No questions. Thanks for coming.
Mark Littfin' Sure. So if you get done early and you want to see what we do for building collapses,
xve'rejust south oftoxvn here a little xx-avs so.
Mayor Mancino: South oil 101 or?
MarkLittfin' Southon I01. It's tile old Francis Klein house.
Mayor Mancino: Sure, okay. Thank you. Thanks for coming.
CONSIDER AN AMENDMENT TO THE CITY CODE ALLOWING PETTING FARMS AS AN
INTERIM USE IN THE A2~ AGRICULTURAL ESTATE DISTRICT; AND REQUEST FOR AN
INTERIM USE PERMIT TO OPERATE A PETTING FARM IN THE A2 DISTRICT~ 7461
HAZELTINE BOULEVARD~ SUSAN MCALLISTER
Cindy Kirchoff: Thank you. The applicant is requesting a zoning ordinance amendment to operate a
petting farm on property zoned A2. Currently the zoning ordinance does not permit this type of activity.
Staff does support the idea of a petting farm, and has prepared standards that address such issues as
minimum acreage, setbacks, number of employees, type of animals that are permitted and prohibited.
And also retail sales activity. And just a note, we did survey other communities to see what they had in
~erms ofordinances for this activity and none were found. Just a side note. Staff believes that a petting
farm should be permitted as an interim use only. So a termination date can be established. The A2
9
City Council Meeting - Juts' 24, 2000
district is essentially a holding zone for urban development. In particular in this area it is, it will be
brought into the MUSA area zone and municipal services will be available next 3'ear. The Planning
Commission did review this item on three occasions. Tile last one was on June 6th when they held the
public hearing. They unanimously approved the approval of the, unanimously recommended approval of
the zoning ordinance amendment with three changes in staff's standards. The first ,,vas, they
recommended that 3 employees be permitted rather than the 1 that staff had proposed. And also they
recommended that we eliminate the exclusion of wild and exotic animals and change it to dangerous
animals shall be prohibited.
Mayor Mancino: Is that reflected in the conditions of approval on page 15 and 16?
Cindy Kirchoff: No it is not.
Mayor Mancino: It's not? Okay.
Cindy Kirchoff: They. also recommended that we change lhe definition of petting farm, and that's on
pace 3 of your staffr~pom Again.. noting that non dangerous animals will be at the petting farm, In
terms of the interim use permit., they did recommend approval by a vote of 4 to 1. They recommended
that the permit be extended fi'om 5 years that staffhad proposed to 7 and we don't have any issues with
that so we have changed that in the conditions of approval. Since the Planning Commission meetino= staff
had become aware cfa septic system problem at the subject site. The system has failed and a condition of
approval is such that the system must be brought into compliance and also meet the needs of the
additional users that will be on site once this activity does commence. Staffdoes recommend approval of
the zoning ordinance amendment with the standards that I handed out earlier, with the change to number
3. And the interim use permit with the standards that are in the staff repo~. And just to note that. in
order for the zoning ordinance amendment to be approved we do need four votes out of the five council
members. Thank you.
glax'or Mancino' Okay, thank you very much.
Teresa Burgess: Madam Mayor and council members, if l could just add one item. Davel-tempelandI
spoke this afternoon on the matter of the septic system. \\"e are anticipating that sanitary will be in place
in approximately 1 >'ear. 18 months when the Pulte Homes development is completed. Our ordinance
currently requires that tl~ev connect within 12 months. In this case we would recommend that it be
tt'cated ~imilar to the properties on Kings Road which were in a similar situation years ago. They were
required under the normal ordinance to connect but we waived that in the interest of getting a septic
system upgraded and then they were required to submit bi-annual reports of the maintenance records and
i~spection of that septic system, when tile septic system failed they were required to connect instead of
the normal 12 months.
Mayor Mancino: So help me. I have a couple questions, if you don't mind and other council members
can ask staff. Timing wise. Teresa you had said that MnDot. MnDot. Not the City of Chanhassen ,,','ill
not allow tile expansion of the use on this property~ until West 78th Street is a functionino=_, road? Can you
explain that you know, and call you, so everyone can hear. Can you hear Teresa back there? Susan, can
you hear Teresa? Okay. I just wanted to make sure.
Teresa Burgess: \Vhat MnDot xx'ill not allow is intensification of the driveway Llse SO the use of the
propel%' could be changed but they' can't intensi~' the use of the driveway without a permit fi'om MnDot.
10
City Council Meeting - July 24, 2000
And MnDot has stated they xvon't, they don't want to see that driveway intensified. They don't want to
see it used consistently for a higher use.
Mayor Mancino: So that if the applicant wants to, tile applicant can talk to MnDot or submit something
to MnDot to allow them to intensify the driveway use. Obviously MnDot has told you no, that they
won't but the applicant can go ahead and submit something to MnDot requesting intensification of the
driveway use.
Teresa Burgess: Right, and that would be between tile applicant and MnDot.
Mayor Mancino: So that is between the applicant and MnDot. Tile City doesn't have anyjurisdiction
over that. So I want to make sure that tile applicant understands that. Secondly, as in regards to sanitary
sewer. You must hook up to tile new sanitary sewer when it becomes available, which will be within 12
.
to l 8 months and between now and that time period when sanitary sewer is available to you, you may
Ialk to Teresa. I'm going to sa3, that, and know exactly what you have to do for this year, 3'ear and a half.
Between lhat dates.
Teresa Burgess' Actually what I would recommend instead Max.'or is that we treat this one similar to the
Kings Road one in which case xx'e waived that 12 month requirement. Normally they're required to hook
t~t) xx'id~in 12 months ofthe sewer being available but she does have. I'm not sure if it's a failinz septic
s3's~em or il'it's nearly failin~ but. il is fnilinoo ~
Kate t~allellSOll; Yes.
Teresa Burgess: So xx'e xx'a~t that taken care of as soon as. it's a laro~e cost to install a new septic
s3.slem' ~-
Mayor Mancino- So should that be a condition of approval tonight?
Teresa Burgess' l~ should be added as a condition so she doesn,t have to come in later for a variance.
Mayor Mancino: Could you please, as xx'e're going through this. write up what you think we should be
recommending and doing?
Teresa Bur,,ess' Certainly.
Mayor Mancino: As one of the conditions of our approval and we call then review that with tire applicant
when she's up here too. Okay. If you could do that, that would be helpful. More questions?
Councilman Senn: Yeah on the septic system. I was really curious, and maybe this is a question for tile
applicant rather than you but what, are the facilities basically going to be in the house and those are going
~o be tlre public facilities? '
Teresa Burgess: I'm not sure what accommodations are being provided for tire public but tile existing
septic system is failing and that is only serving what's there now. It undoubtedly will zet worse as they
have an increased usage. ' '-'
Ka~e .Aaliel~sOn: Ca~ I address that question?
City Council Meeting - July 24, 2000
Councilman Senn' Yeah.
Kate Aanenson: The building official did address that. Yeah, there needs to be two restrooms for public
facilities based on the amount of traffic anticipated. That's one of the questions that's still unresolved.
They need to provide public facilities and whether that system can manage it. As Teresa has indicated, in
the past we have allowed when someone puts an investment in for a new one, that even though it's
coming through, they've already made the investment a year or two ahead of time. That we would allow
them to continue to use that. But there is a condition in the staff report that was addressed by the
building official that they have to provide public facilities and 5'es, that would be accommodated if she
can design it such through her septic systern.
Councilman Senn: Okay, and those will need to meet handicap accessibility and all that sort of stuff'?
Kate Aanenson: Yep. and tile building official's addressed that in tile conditions.
Councilman Senn' Okayso, has there been any discussi°n °f' especially given the timing °n this and the
shem term nature of the improvements coming in and all that so~x of thing. I mean here's the reason for
my question I mean, if you're going to ~et into providing those kinds of facilities, you're going to do it in
~he existing residence, they're ~oing to meet handicap accessibility and evers~hin~, you re talkin(, about
bi(~ time dollars in improvements I mean given, plus on top of that you have a Calling septic system which
may be able to ,zet by you know for a liule while based on the existing situation but not a lone term
situation. Whv~on t you ~o to SOlnethin~ like satellites or something like that with handicap
accessibility and that so~7 ~fthin(, to meet your requiretne~ats until somethino permanent could be put in
place? I mean it just seems 1o me it was...
Kate Aanenson: No. t think that's a ~ood question and I think that as part of the Feasibility she'll hax;e a
number to look at. Whetherornotit'scostefl~ctivet°c°nnectn°w°rt°Pr°videtheservices' She has
provide, the applicant has provide the facilities For the use. So there is two ways to accomplish it but
what's Teresa's saving is that if she chooses to use the septic system option, then we would waive that.
Ce~qainlv as those numbers would become available as that second Feasibility is.
Teresa Burgess: And actually lhe sanitary svstem that's 2°in° t° be available will be with lhe
development of the prope~%' adjacent to her home. It's not pan of the BC-7. BC-8 feasibility study that
xx'as received this evcnino It's actually a developer that's proposino to come i~ and she would be able to
access offofthat sysicm and xve would then be within the 300 feet designated by ordinance as
availability. She's too Far axvay fi'om BC-7, BC-8...
Councilman Senn: Well cost prohibitive basedon.
Kate Aanenson: The length.
Teresa Burgess: Tile distance.
Gouncilman Senn: Okay. Being a lot more expensive than putting in a new septic system.
Teresa Bur,,ess: Ce~q. ainlv.
Councilman Se~n' Okay. But the existino septic system if they would choose an alternative, even
though it's l~iling, would probably handle this curt'eat load fora while?
12
City Council Meeting - July 24, 2000
Teresa Burgess: No. Going back to the report, the system has failed. It's not even serving tile home as
it exists now.
Councilman Senn: Okay. Alright.
Mayor Mancino: Any other questions?
Councilman Senn: Not at tile moment.
Mayor Mancino: Okay. Thank you. Thank you very much. Is tile applicant here and Would you like to
address the council? Yeah, please move tile mic and be comfortable.
Susan McAllister: Madam Mayor and City Council members, in3' name is Susan McAllister. I am the
applicant. And I have got different information to show and some photographs and so Oil but I would like
Io give a little bit ora speech before that point. By saying the City has high expectations of me as a
business person. The best comes with a price. The best cost money, you know the looks of the business,
the safety of the buildings, the ground maintenance, animal care, etc. I also have high expectations as a
business owner from tlte city. I am located at the doorway of the west gateway on the corner of Highway
41 and what is to become West 78th Street. I expect to give a superb presentation to mv customers.
Something Chanhassen will be proud of and no less I will take no less than that. I mi~i~t not be on tile
correct side of the road for all that I want to do but I am where tile barn is and has been since tile 1920's.
It could have been so simple if the barn were.just a bit fut-ther south towards Highway 5 or if we had just
simple moved the road just a bit further no~-th, then it would have been itt just tile right spot for what I
want to do. Let me ask you, when prospectors discovered gold or other mineral veins, do they not build
their mines around what they have discovered and where they have discovered it? Surely. thei, do not
build a mine first and then hope there is gold in it. They go to it. It does not come to them. I feel I have
a little piece of gold and I wish to preserve it. A page from history that is about to be ripped out of the
books forever. I cannot give up my farm for no price. It is a wonderfi~I peacefiil place to bring children
and adults alike, especially the senior citizens who really appreciate a page out of their memory book. If
but only roi' an hour or so it brings to them peaceful memories of their childhoods and their way of life.
Some even get twinkles in their eyes when they talk to me about their days on a farm and Ilo'`'`' nice it is to
experience that feeling again. I have cared for my animals for many years and for the last 6 years I have
shared it with the people at the farm. I have come before you today because I want to be a legal business
xx ithin the city'. And also because I am not running fi'om development. I need protection with
developmem coming in fi'om you the city. And I want tile city's blessing also. IfI believe in something
this strongly I say to you tonight, let's work it out. I believe it call happen. I always wanted to be a
pioneer woman and I thought I had missed my calling, but this is a ilex',, frontier. It's funny Ilo'`,,, history
repeats itself. I'm sure the pioneers of Chanhassen said the same thing 100 years ago. This is a new
fi'ontier, let's make a go of it. \Vhen I think about, I hadn't realized that xve've come so far away fi'om
what this township was when my family first settled here in 1959. Me being from northeast Minneapolis
area, I hated it. All there was was farms, green fields, and millions of trees, and more so than an3rthing it
was peaceful and I was just not very appreciative of that. I would promise myself that when I grew up
from being the 9 3'ear old that I was at tile time, I v,'as going to leave and go v,,here the action ,,','as. Well I
grew up and I felt just as I had promised myself. I left. But one day I came back looking for a place to
settle down in because you know what? Chanhassen isn't so bad. Especially when I see how it's grown
fi'om what it was. my roots are here. I believe ill blooming ,,','here I am planted. So please help me today.
Le~'s make history to a point. Let's put a farm inside tile city forever. I have plans on putting ill an
enormous amount of money to make this endeavor work for myself in lite city. I am at the west gateway.
13
City Council Meeting - July 24, 2000
I am asking each of you today to make history. Let me have a conditional use permit. Let me be on the
same level playing field as your other businesses. I have asked for a conditional use permit since
February and I really am trs, ing still to get that. I need to recoup the enormous amount of money I will be
sinking into Miss Rosie's Farm and I want to recoup it from, and I will not recoup it from simply
admission fees. I would need to sell it, and what's so bad about that anyway? If your ordinance works
for me, then it should work for everybody else that comes in or whoever else I might choose to sell it, ifI
do. We certainly shouldn't be ashamed of what our roots were founded upon so I ask you tonight very
simply, do you want Miss Rosie's Farm? If not, then allow only interim use and that would be your
polite way ~fsaying you do not want me but I really wish to stay here forever. Are there any questions
of me?
Mayor Mancino: Any questions for Sue? ,At this point.
Councilwoman Jansen: I actually had one, just as I was looking at your business and I don't know if
you're going fa~-~her with your presentation. I think you said you had pictures.
SusanMcAllister: Yeah, I do have pictures.
Council\roman Jal'~sen' I can wait u~til you're lh~'ough with xot~' p~'esentation.
SusanMcAlliste~': Okay. \\'ell, al~'ight, lwilljustshow someoftl~ea~'caxshe~'ett~et)a~'kingwillbe. It's
~oin~ to be looking fi'om the set, th going north.
Mavor.:Mancino: Can we ,~'ct it up on the came~'a or not? Kate. do vou want to help Sue and tigure that
out. If' it's big enough.
SusanXlcAllister: Thepa~'kingxxillbebehind~hishe~'e. Behind, youkno~ behi~dtheset~'eeshe~'e.
Mayor NlanCilqO: Sue. excuse me. \Vhe~'e are you looking fi'om?
SusanN'lc:\lliste~': I'mlookingfi'omana~'easomhofthepal'kingl°t... I'm on the south side ofxvhe~'e the
~'oad would be. \\'est 78t~' Street. I'm right. I'm standing ~'ight where \\'cst 75'~' St~'eet would be.
Mayo~'Mancil~o: Got it.
Susan McAltister: And thel'e was something said about me taking out t~'ees or like a big canopy oft~'ees
but really I'm not...but I'm only going to have to take out these 2 trees here and it does show...but it's
part of another canopy so if I could figure out a way to not take them out I wouldn;t take them out
because I love trees but there's no possible. Because the parking lot is going to be there. It would
be...nnd there's m.¥ worker standing here and you can see his body up there but now you see his head in
the.., little bit away and I just wanted to clarify where that was and...
Max'ol' N'Iancino' Is that on the iloFth side towards the wetland?
%usa~ N'IcAlliste~': Yes. So I'm Finished.
\laver NIa~acino: Is the manu~'e tl~ere right now with the pictu~'es tl~at were taken?
Susa~ Nlc,,Xllis~e~': Yes.
CiD' Council Meeting - July 24, 2000
Mayor Mancino: I mean I expected to see a big pile of manure.
Susan McAllister: No. I knoxv how to make it go into compost, believe me. Okay, I'm going to give you
some maps of the area.
Mayor Mancino: Would you please walk us through the map?
Susan McAllister: Okay. You know I don't know hoxv good tile color is there but tile area shown in tile
lighter green area is my property and it butts up with the headwaters of the BluffCreek Watershed.
Kate Aanenson: Carl l just make a point of clarification? There's two different properties. I don't knoxv
if you can discriminate that but not all this is her property.
Susan McAllister: I said that tile lighter section.
Kate Aanenson: It's hard to see the colors.
Mayor Mancino: Yeah. carl you just oo through that with your.
Susan Mc,-Xllister: Oh okay. ox'er here?
Mayor Mancino: Yeah. Just show tls so we call put it.
Susan McAllistcr: Okay. This, see tile light area. And this is...headwaters of the Bluff Creek. And then
let's see hcrc. I'm just shoxving where that trail...and show you that tIle...activitv, tile level of activity.
there's a lot of green buffer area, okay. So the pink circle happens to be where tl[~ pony rides are... ~l~e
little purple rectangle is the retail store. Then tile summer kitchen would be the blue. the little blue'area.
And that'sjust like an 8 by I0... Tile yellow area is the barn. and then the green area is tile brown, you
know tile...
Mayor Mancino: Susan. mind ill ask a few questions as we ooo
~, .
Susan Mcz\llis~er: No. Go ahead.
Mayor Mancino: The yellow barn is existing.
Susan McAllister: Yes.
Mayor Mancino: Then you also have y'our house which is existing.
Susan McAllister: As far as I know today it is.
Mayor Mancino: And 3.'our, just for clarification, the retail store, the pony rides and, are ail in an open
space already, correct? I mean it's like tile woods that you're going to have to cut or anything?
Susan McAllister: No. The retail store is the garage actually.
15
City Council Meeting - July 24, 2000
Mayor Mancino: Is tile existing garage, okay. And tile pon>, ring is going to be open. What about tile
summer kitchen? Is that in an open area already as far as non-forested, etc?
Susan McAllister: Yes. It's right actually close to the house. You knoxv there's no trees being taken
down to put any of this in whatsoever. And the little summer kitchen I don't have yet. I'm tr:),ing to get
it from an area that's about to be taken down ill Chanhassel~ so I'm trying to work that out.
Mayor Mancino: Okay, thank you. Any other questions that people have? Councilmembers have to
orient yourself on Sue's properly. Thank you.
Susan McAllister: An article that appeared in actually tile Chanhassen Villager was...was looking at
something else that happened at the same time I was coming before tile Planning Commission and I
clipped it out of there. It talks about tile Minnesota Zoo has actually built a farm that's Oil 8 IA acres.
And l think they put in...to build a new farm which has a petting z°° attached t° it' So basically if you
want to take a few minutes to just look that over. I don't know if everybody's familiar with that farm that
they built at tile zoo.
Mayor Mancino: They had it on tile nightl.v nexx's too.
SusanMcAllister: Mine isn't vou know like obviously an autl~en'tic one and y°u kn°w the buildings are
the~'e and they ~]eed to be maintained and that's an enormous expense of money. But I believe in doing
somethin~ rider instead ogtr>'ing to piecemeal something together Fora pe~'iod of time over and over
a~ain. S~xvhat I'm saying is that I'm going to puuing~ my goal or my plan was to put in a nice area to
upgrade the barn is one and I can't justify it. I really can t justify it with the 7 year interim use. And I
was hoping today, to get what I apt>lied For which was the conditional use permit or at least, iFnothing
else. ask {br 7 xears to be. to ask if you could go fi'om 7 to 10 years. And you know. but in another 2
vea~'s thou,ah l'plan on coming before you and asking fora conditional use pem~it once I prove myself
~hat I have a manageable business because I know For myselFthat I can manage my business but nobody
has been ~here to see it so I can't prove it to anybody. So I'm saying in 2 years, if I can prove to you that
I can manage that business and it's a manageable business, then I'm asking you today, l'm telling you
today that I xxant to come before >'ou with a conditional use pem~it at tho minimum that way but I really
would hopeFt~ll5' get one ionight.
Maxo~' ...",Iancino: Okay. thank you.
5;usan N"Ic.,\llistel': So I o~uess, do I oo th~'ou~h this. or does anybody have any questions anymore?
N'lavor Mancino: Any more questions roi' Sue at this point?
Councilwoman Jansen: I was just trying to get a feel for tile activity on tile property, and I guess the
sense that I Was getting fi'om reading :)'our information and questions asked by the Planning Commission
and our chatting, it sounds like you would be running this much the same as, and I'm asking, much the
same as like the Lowry Nature Center does out in Carver Park as fat' as the school groups that would be
coming in. I know that every da:)' of the school :)'ear that they're in session, Lowry ends up with a school
bookin2 their facility where they end up coming ill with a bus or txvo full of kids with an adult
chaperc~nes alld they: patgicipate in the activities that exist out there around the nature center. So is that
where you're going is that when school is in session, that's your focus.o
City Council Meeting - July 24, 2000
Susan McAllister: Well I do want to have, definitely educational programs for children. I plan on
educating them to the different animals and so on, and teaching them responsibility and stewardship and
so on and so forth. It's a very non-violent form of you know an activity that children need to know about.
But yes, I don't see ~ny farm being like boisterous and loud with kids running all over the place. If you
even go to tile zoo, which I haven't been to for years, I believe that children actually walk around and
they're looking and they're you know, their parents are telling them things and they're listening and I
think that's, you know it's not going to be as loud as a park because that \vas brought up. Is it going to be
as loud as a park? I do not believe so. There's going to be controlled activities. I mean kids cannot run
around because if they do then the animals get scared and I tell them that in the beginning. You know
that you have to respect them. You have to respect them and some of them are in their natural habitat
and you can't touch some of them but a lot of them you can.
Councilwoman Jansen: That's tile way it is out at tile center too. It's amazing how kids ,,','ill stay under
control with at least a chaperone or two around.
Susan McAllister: Right. I mean tile attention span only lasts about an hour but yeah I mean when
they're listening then they're listening you know. and learning.
Councilwoman Jansen: And within your original request you were looking for facilities to be able to
park not.just one bus bul two. \Vas that because of classes or?
Susan McAIlister: Yeah. I just you know, I know that there are sometimes where some classes will sa3,
well we'd like to have two buses so that is what nay original request was. \Vas to have, you know tile
more parking and I believe I asked for m'o buses. Ill didn't, that was an oversight. I really should have,
and what I'm going to ask to be redone is to say either, what I'm asking for tonight is 20 parking sports or
2 buses or 10 parking spots and 1 bus. Or any combination of that. Because I really feel that I might
need more for like another bus at one time.
Council\roman Jansen: So conceivably, and I think I heard you sa3' if it was 20 parking stalls and 1 bus,
you were thinking if2 buses came in, I ofthe buses could park in the parking lot, is that what you're
say'ing?
Susan McAllisler: Yeah. l'lll trying to work that out. I don't want to have a massive parking lot. which I
don'l need. I have nothing to base this on, do y.'ou see what l'm say.'ing. This is all y'ou know, like what
l'x'e lhoughl xx'ould hat)pen with tile time that I've been doing it. But I've been having to stay very low
kev so I don't have information to base this on.
Councilwoman Jansen: l just wanted to be clear as to exactly what you were still needing and tile use.
I'm not imaging that you're going to have school kids there during the week at the same time you're
going to have public present. That public more so would be there on weekends and vacations.
Susan McAllister: Well actually during the week though children do come to facilities to learn things.
Their day cares and their classes and you know schools like Bluff Creek and all the schools around, they
.just, th%"re loving every bit of it and they're hoping that this is something that they can come to so.
Council\roman Jansen: \\;ell I know they all take advantage of the nature center out there so I'm sure
you'd have that draw. Okay, I appreciate it. I wasjust trying to get a feel for if we were talking about
the same so~-t ora situation. It sounds like it.
17
City Council ]Vleeting - July 24, 2000
Susan McAllister: \Ve are. I guess like I tried the best I could to predict something and you knoxv, I
mean all you can do is just to'. You don't really have anything to base it on. It's just thoughts you know.
Close as t can come.
Mayor Mancino' It's all nexv business.
Susan McAllister: Can I say that I also, do I get to go through some of these points here that l need, that I
have a problem withy
Ma.yor Mancino: Can you wait for a minute and see if there are al-~y l'nore questions?
Susan McAllister: Okay.
MayorMancino' Any other questions fi'om council members to Sue at this point? Okay.
Susan McAllister: \Vell I really xvan~, okay.
CouncilmanEnge]: Are xve on page 2?
:.Nlax'orN'Iancino' Are you ooino over the recommendations? \\'here are vou Sue so w e can follow.
SusanNIc,-\llister: I alxva>'s get mixed up on this thing so.
Councilman Engel: The top left oFthe page for page number.
SusanNIc,qllister: \Vhat page number? l'm not on anv speciFic, l'monpage2lguess>'ouknow. Okay.
Okay it saS's three Full time equivalent non-resictent or contract employees may be employed on the site
perSacres. I originally requested S and ns fnr as l know. they would be pa~T time but when l need
people. I need people. And l really would be in a bind ifl would say oh mv. You know here I'x'e got
these people and I've=,,or these animals but I have. .You know I'm only allowed to have 3 people. XVhat
am I ,,oino to do?
Nlax'orMancino: 3 Full time equivalent. $o that could be 12 people. It's equivalent.
St~snnN'lcx\tlister: Ohitcanbe. ol<a>'. \Veil then ma>'be l don't have a problem with that. :xlnx'beldon't
have a problem with it.
Councilman Senn' You understand what Full time equivalent is. don't you?
Susan Mc,\tlister: I don't know.
Councilman Engel: 120 employee hours a week.
t,~a~e Aanenson: \Ve're going through the Planning Commission recommendations. I think For clarity
it'd be best to go to page I 1 where the staff's recommendation is so we're clear.
Susan N~Ic.&llister: /',fright. so page 11. Alright.
Kate Aanenson: The recommendations s~.a~'t on I believe page 11.
18
City Council Meeting - July 24, 2000
Mayor Mancino: I think the5, start on 15. Tile recommendations start on page 15.
Cindy Kirchoff: Or if you go to page 6.
Mayor Mancino: Pardon?
Councilman Engel: We're all over tile board here.
Mayor Mancino: Where are tile recommendations that we're supposed to approve?
Councilman Senn' On all tile pages that have been mentioned so far.
Roger Knutson: Do you need to refer to tile ordinance?
Mayor Mancino' Refer to this one.
S'usan 2XlcAllisler: Refer to that one?
*'lax'or .'Xlancino: Okay. Everybody ,,et this one.
Roger Kllulson: ]]lis says one full time equivalent.
KateAanenson: Right.
MavorMancino: So let's take some time here. Okay. OnSection 1 it would be number3. Firstofall
the tblloxvin,,= conditions will apply, to a petlino= fnrm~ I assume you're fine xx-ith 1 and _.° Number 3' is
only one fl~ll lime equivalent. Well the site must also bc used as a residence. Ixx'ouldnotthinkvouhada
problem with that. '
SusanMcAllistcr: No. ldon'lhaveaproblenlwiththat.
Mayor Mancino: Only one Full lime equivaleut, nou-resident employee will be employed on this site per
5 acres. One full time equivalent is 40 hours per week ofxvllomever it is working there.
SusanMcAIlisler: l need more lhan that because l almost use that now. And l'm not even open
officially.
Mayor Mancino: Okay. \Vhat was tile Planning Commission was fine with 3. So 3 times 40'is 120
hours, right?
Councilman Senn: That's not right.
Mayor Mancino: Okay.', then how do you do it?
Councilman Senn: \Veil I mcan are you assumingjust within all 8 hour work da3,? I mean a full time.
.~\lax'or Mancino: l'm ~.hinking ora full t/me is 40 hours a week.
19
CiD' Council Meeting- Juls' 24, 2000
Councilman Senn: If the business functions 40 hours a week, but if it functions more than that, a full
time equivalent covers ail those hours of the business.
Mayor Mancino: And how many hours are you going to be open a day?
Susan McAllister: Bo5', it says here from 8:00 a.m. to 8'00 p.m. and I'm fine with that.
Councilman Senn: So it'd be 12 times 7 which would be what, 84 hours a week.
Susan McAllister: Okay, so what l'm asking for is l'm just saying that I need to have, in my original plan
I asked for 4 to 5 people and I, you know I just need to have that when I need them.
Mayor Mancino: And tile Planning Colnnaission was okay with 3 full time equivalents.
Susan McAllister: Okay. So that means I get 6 part time, is that what that means?
Councilman Senn' No. it means on a weekly basis you had 252 hours.
,Susan N1cAllistcr: Okay.
Councilman Senn: ,And I'm sure x'ou have peak periods and y°u have l°w peri°ds that °ccurs'"that
xou*ll be there and other times you'll...250 some hours is a lot of hours.
Susan McAllister: Okay. I will have somebod,v xvitla me at all times, you know what I l'nean? I will not
be by myself, okay. The highest peak period is when I'd be having mS' lOOnY rides.
NIavorN'lancino: 252 hours Sue.
SusanN'lc,Allister: That'salotht~h? Okay. Fine. That's fine. Okav. xxe'llooon
Nlax'or Nlancino: Okay, on number 4. it's only customarx' Farm animals shall be alloxved on this site.
\Vild or exotic animals shall be prohibited.
SusanMcAtlister: I have a problem with that because l alreadv have animals that are xx'ild and ex°tic' I
haven't had any problem with them at all. I've had them since, on and off since 1994. There's been a lot
of concern about my peafoxvl and I'll say that because that's one peacock and txvo peahens. And that has
been a concern of the city that there's been somebody else in the city who has, cannot take care of their
peafowl. I do take care of' mine and I plan on continuing to take care of mine and so I have a problem
with that. Okay. And then I have a baby lox.
Councilmal~ Senn: \Vhat is being recolnlnended? I thought that was changed.
Mayor Mancino: \Vell this is still what is recommended by staff. Tile Planning Commission changed it,
if you look on page 2, their recommendation would be to say that dangerous animals shall be prohibited.
So that is their suggestion to us. Sue, >'our list of animals.
Councilman Senn: t-Iow do you define thai one Roger?
P, oger Knutson: \Vc'x'c struggled with that.
20
City Council Meeting - July 24, 2000
Councilman Senn' I mean wild and exotic is pret%, hard to define.
Roger Knutson: That's not a good definition either. Dangerous is not a good. There is no good
definition of dangerous. A pony steps on your foot, it's dangerous. Those words are not...
Councilman Senn' Let's pass an approved list.
Roger Knutson: Or, what's here right now is, I'm pretty comfortable with, is. If you sa3, customarily and
historically associated with being raised on agricultural properties in the United States.
Mayor Mancino: So if we look at Sue's list in our packet, examples of animals to be available, are there
any animals on this list that would be a problem?
Roger Knutson: I haven't seen it.
,k'las'or Mancino: Okay, if you could look at the list. Goats, pheasants, prairie dogs, cats, geese, is there
any council member who has a concern about any of these animals?
Councilwon~an Jansen' I don't have a concern with them except by calling theln customarily and
historically associated with agricultural propel2y, you're also eliminating I would assume, chinchillas.
hedge hogs. Dcfinitely non-dangerous animals and I don't even know if they make a noise as far as being
a nuisance.
Susan McAllister: I brought a little thing for you. \Vhoot)s, it's upside down. He's tile chinchilla.
...their fi~r is so soft for kids to pet. Do rot, want to feel it?
May'or Mancino: \Vhat I'm asking council is can xvejust include this list as an acceptable list roi'.
Councilman Senn: This looks fine to me.
Mayor Mancino: Yeah. as Miss Rosie's Farm andjust say this is all acceptable list.
Scott Botcher: \\'hat hapt3ens when tile cal£grows into a. not a cal~ Do y'ou replace it with another
calf'?
Councilman Engel: You mean a 2,000 pound bull?
Scou Botcher: Right. Just so we all know.
Susan McAllister: No, I do plan on replacing them. That's tile only animal that I plan oil replacing on all
ongoing basis because they do, you know they do get big.
Scott Botcher: So then you'll take it to market is tile plan?
SusanMcAllister: Because ifl said that am l going to be a bad person?
Mayor Nlanc/no' No, it's a farm.
21
City Council Meeting - July 24, 2000
Susan McAllister: My animals live like millionaires as long as possible.
Scott Botcher: Tile only tiling l'm saying is that if you have a calf and you never take it to market, you
will eventually start adding bulls. Or whatever it is you want.
Susan McAllister: Okay. Does it sa,',' here that that was going to be temporary or not? Just on a seasonal
basis.
Cotmcilnmn Senn' \Veil it says a young calf. If we go by tile list, tile list governs.
Susan McAllister: Right. It's a calf.
Mayor Mancino: Well one of my, suggestions and can you hold fora second, isjust to have some
discussion around it before and just put your list ill as number 4 as acceptable on your petting farm, and
then obviously we'd have to change the definition of petting fa~'m up at tile top too but that's, so we don't
get into describing wild or exotic or dangerous or anything. \Ve use your list as to what's acceptable.
Okay?
Susan Mc.,\llis~er: Okay.
(7ou~cilx~oman ,l:,,nscn: And tt~c~ tha~ I
get~e~'al o~-dinance con'ect.
st would apl>l.v ~o a~qx' petting Farm. be, cause this is just the
Roeer Knutson: So then define pcttin~ Faa'ms as havino lhese animals and these animals onlvo.
Nlnvo~'NIa~lcino' Yep. Yep.
Roger I,(~lutson' \\'c Call do that. But then 1-emembct' it's those animals and these a~limnls only.
.Nlax'or.Xlancino: \Vell it' somebodv wants lo come in al~d add to it.
Roger Knutson: They'd have to amelld the zo~ling o~'dinance.
MavorMn~acino: That's Fine. 550 it'somebodvcomesinalldxvamsto-the~atla°>'cand°that' You're
setting new g~'ound here so.
Susan McAllister: I know. I said I'm a pioneel' WOlllall. I didn't realize it but.
Mayor Mancino: Sol'ne things may be changed in the fttture that we're not seeing now.
Susan McAllister: Okay. It says here exact numbers of species will vary fi'om time to time as species
selection will vary fi'om time to time, but I mean it's the, this is really what, you know like what.
Mayor Mancino: Okay, we got it. Okay. On 5, do you have any concerns oil 5o. That says all about
struclu~'es and stol'age areas.
Susan Nlc:\lliste~': No I don:t.
City Council Meeting - Jul3, 24, 2000
Mayor Mancino: Okay. Number 6. Parking area shall be screened, from public or private right-of-way
and adjacent single family residences and Sue, we require that on all parking spaces in the city.
Susan McAllister: Okay, do I not have enough screening with the photographs that I showed you?
Councilman Senn: We're not getting into judging. That's between you and staff. It just needs to meet
ordinance.
Susan McAllister: Alright.
Mayor Mancino: Hours of operation, 8:00 a.m. to 8:00 p.m. No outdoor speakers. I mean I'll give you
a minute to, I think you've read through most of these.
Susan McAllister: Right.
Mayor Mancino: Signs shall comply with tile Article XXVI of the zoning ordinance. Retail safes, I'm
assumino~, _rOLl have no problem with 300 feet ill area?
Susan McAllister: No.
MayorMancino: l l. animals kept outside must have continua! access to shelter to protect them fi.om tlle
elements. Must be a confined area with fencing.
SusanMcAllister: That'sarequirementoftheUSDA. I cannot have any less than that or l'd get in big
Irouble.
Nlayor Mancino: And then 12. a termination date shall be established for the interim use permit. Tile
use shall be permitted until a particular date, until the occurrence ora. and this is one that you have asked
fora conditional use permi! versus an interim use permit.
Susan McAIlister: Yes I have.
¢lavor Mancino: Okay.
Councilman Senn' Just to clariS' on thai though.
Mayor Mancino: Yes Councilman Senn.
Councilman Senn: If that's something you want to consider tonight, we can't do it.
Councilman Engel' Because it wasn't published.
Councilman Senn: Because it wasn't published as a conditional use permit. It was published as an
interim use permit. So I mean just so everybody understands that.
Mayor Mancino' Now I'm also assuming, if we go ahead and do an interim use permit at any time the
applican! call come back ill and ask for it to be changed. I mean we'll have to apply again but can come
in and ask lot' it to be changed fi'om interim use to a conditional use. I mean it can be ill I year. It can be
23
City Council Meeting - July 24, 2000
in 2 years. It can be in 3 years. I mean they certainly, tile applicant has the right to come ill whenever he
or she wants to for a conditional use permit. Correct?
Kate Aanenson: That's correct.
Susan McAllister: Okay let me ask, has the council members read my letter that was an attachment to
this packet? You know I am asking for a conditional use permit because that's what I wanted in the
beginning tojustify the cost that goes into it and that.
Mayor Mancino: And what we"re just saying, because it was published for an interim use permit, that is
what we would be granting tonight, is an interim use permit.
Councilxvoman Jansen: Or we would have to table and bring it back.
Councilman Senn: Start ox'er again.
;'vlax'or Mancino: \Ve'd have to start ox'er again for a conditional use permit.
Susan N-lcx\lliste~': And what does that entail? Startin,,= all over a~ain~ meanino,?~
NI:~x'or Xla~acino: Kate. could x'ou.
Kate,-\ancnson Public hearin~ 2oes back to the Plannin~ Commission for a l)ublic hearin° and back
through this process. Just for some background on tlm interim use permit. Whatever you do to this
prope~xy, which you described, applies to any other similarly zoned prope~xy. What's not shoxving on
this is that thoro will be adjacent homos in close proximity. It's not showing up. This property's 6 acres.
The ordinance allows something could be in a situation where you may not want it to be. That's xvhv xx'e
put it as an interim use. It is an urban transition and we believe that over time that a higher, better use
may with this prope~7y. Conditional use runs forever with the prope~xy. No other city has this type of
ordinance and xve'rejust a little nervous about how it's all going to shake out. It may operate great.
may come back and ask for a code amendment but we're~oin"= doxvn uncha~qed waters here and we're
.just a little bit nervous about some oFthc conditions and standards.
,'vlavor Nlancino: Okay.
Roger I,inutson: N'lavor?
Nlax'or N~Iancino: Yes.
Roger Knutson: Based upon your discussion I would suggest that the following changes be made in the
draft ordinance you've been presented. Ill the definition of petting farm would be amended to read,
petting farm means any activits' whereby the following animals may be exhibited regardless of
compensation and then you would list these animals. Paragraph 4. The follov,'ing would be deleted.
Only customary farm animals shall be allowed on the site. \Vild or exotic animals shall be prohibited.
You're takino that out because you're havin-~ a specific list of'permitted animals.
Niavor Niancino' Okay. Thank you. Now ifxve go ahead and sa5' yes with those changes and yes with
the 3 full time cqt~ivalents. Kate on here it doesn't say an>xhing about, I'm sorry Cindy, an expiration
date.
24
Cit.y Council Meeting - July 24, 2000
Cindy Kirchoff: That is condition number 11 under the recommendations. The interim use shall
Ier,ninate in 7 years. Page 16.
Kate Aanenson: You have that as a separate ordinance amendment so the other is interim use.
Mayor Mancino: So I'm sorry. What are we approving tonight? Are we approving this?
Cindy Kirchoff: \Ve're approving two things. A zoning ordinance amendment and an interim use
permit.
Mayor Mancino: Okay, thank you. So then we have to make sure that both of them are tile.
Kale Aal~enson: In sync, correct.
Mayor Mancino: Are in sync with each other.
Susan Mc,qllistev: And then I'm asking y'ou to go fi'om 7 to 10 and that's only 3 )'ears more.
N'lax'or Mancino: Okay.
Susan *.lc,,\llister: But like I said. I do plan on coming back here after I've demonstrated my business
sense to you and how it. I believe it's going to work successfully ill 2 years, asking fora conditional use
permit.
*Ias'or Mancino: Okay.
Councilxx'oman Jansen: And l'm assuming that xx'ould be fi'om the start date of the actual business since
we've discussed it mav not be able to start until 78m Street comes through.
NIa_','or Mancino: Yeah. That's lhe other part.
Council\roman Jansen: So it would be fi'om once you have access lcI'Olll 78m Street.
Susan McAllister: Then let me sa,,' this.
other driveway. Did you know that?
I do have a letter ~l'Ol'll MnDot that does say that I can use the
Mayor N4ancino: \Vell it's between you and MnDot so whenever you officially start, you kno\v it's
worked out with Mnmot. IFthey allow you to, you'll need to notify us. And then it will start fi'om that
start date.
Susan McAllister: Okay, because it's not going to like start today and tile clock's going to be ticking and
I have to pul a septic in. I have to do this and I have to do that. It's not going to be that way, right?
Thank you. Okay.
Councilman Senn: Mayor, there is a blow up date isn't there? On the approval. I thought tile ordinance
prescribed a blow up date though of. I mean itjust isn't, it isn't perpetual.
Roger Knutson' It's 7 years unless y'ou change it.
25
City Council Meeting - Jul5, 24, 2000
Kate Aanenson: That's what we're recommending.
Roger Knutson: Your recolnmendation is 7 years.
Councihnan Senn: Okay, so they could, 7 years from the point of sta~ing.
Roger Knutson: From the date of approval.
Councilman Senn: From the date that it's granted.
RogerKnutson: Yes. We have no way oftracking when she would.
Councilman Senn: %o if she waits 4 vears to do it. that's not...
Roger Knutson: It's her decision.
Kate Aane~son: Jt~st also on ~he inte~'im use. you can come back and ask for an extension so if she
cannot get sla~zed she can come back and say I xx'as ~,oinu to be in. I mean inte~'im use allows For
extension.
Nlas'or NIa~cino: Okay.
RogerKnutson: Mayor last item. thc City Manage~' b~'ought up a good thing. Wep~'obablyshouldnlso
put in the sciemit~c names fo~' these animals like the x'ou~o= calFcould be anx~hino.=. Ithinkwe'retalkin~
about...
Mayor' Ma~ci~o: Okay. good.
Councilxvoman Jansen: Good point.
N'Ia>'o~'Mancino: Any othe~' questions that xx'c should ~nlk about a~d ask the applicant about, fi'omanv
council members.
Gouncilxx'omanJansen' The only o~he~' point in the ~'ecommendatio~ that xx'c touched on. and l'm back on
page 16. which xx'as specific ~o this site. was point numbe~' 3 about the pat'king. Your original request I
believe was 20 stalls and 2 buses and this is 10 stalls and 1 bus.
SusanMcAIlister: Right.
Mayor. Mancino: And Cindy, can .you-. I'm sorry, to interrupt but I was just goino= to ask stafCs viewpoint,
why you brought in 10 stalls and 1 bus. Just fi'om your point of view. And you know what it may be,
and you know, again we're both going to have to go through this. It just may be you did a li~le bit of this
and you did a liule bit of this, you know trying to figure out what would be the best without intensifying
it too much and it may be that we limit it a liule bit and then after a couple years it's fine and we open it
up a little more. Again. we've got lo work togelher on this.
Susan NIc:Xllisto~': And I have been xvo~'king with Cindy and providing all the materials.
26
City Council Meeting - July 24, 2000
Mayor Mancino: Good, but it's going to be a continual working together and xvhat works and what
doesn't. You have to be real open with that.
Susan McAllister: And I am for that.
Mayor Mancino: So from 3,our perspective please.
Cindy Kirchoff: We put tile limit on there just to limit tile intensity of the site and the number of people
that are on the site. And the 10 stalls could hold a 15 passenger van. You know ten 15 passenger vans so
that may number quite'a few people.
Mayor Mancino' sure, okay. I'm sorry, it was 3'our question to begin with so take it away.
Councilwoman Jansen: I guess l'm thinking nlore of standard families. I'm seeing this as a family
outing location so I mean what do we use the standard in a household, 2.5 ox' how many kids do we allot?
Kate Aanenson: I guess we saw this more as birthday party activity. Daycare. I'm a mom. I've been on
the field trips. You put a few kids on tile bus...
Councilman Senn: l think you're right.
Kate .:\anenson: So that's what xxe anticipated. You could have 100-200 kids on the site. I think at first
xx-c thouoht 100 kids, we'd see ifxve could manage that and how that operates and if thin_os are
successful. I think this council, the Planning Commission would be willing to look at amending that but
at first wcjust xxant to see how things operate. That I00 would probably be something.
CouncilxvomanJansen: \Veil let me ask you this. Ifinfactwedidendupwithlet'ssav20vehiclesthat
shoxx' up on a weekend. I'm visualizing these cars ending up parking then out in the adjacent
neighborhoods. Is that not the instance that we're then having occur?
Councilman Senn' You can probably park on tile grass on tile fal'l]l.
Susan McAllister: \Vell I plan on not putting in a parking lot per se, per se you know what I mean.
Gravel or whatever.
Mayor Mancino: \Veil l'm assumin,, if that starts to hapt>en, that's when you're goin~o to come back to us
and sa3', you know can we change it?
Councilwoman Jansen: Then we do a little give and take. Okay.
Susan McAIlister: It's just like you know, who knows? \Ve're trying but yeah, I appreciate tile concern.
Councilwoman Jansen' So we stay with tile l0 and tile I and you're.
Susan McAllisler: I appreciate ifthere is a problem I'll come back. Anything else?
.,'x'lay'or N~ancino: Any' olher questions ox' discussion you'd like to have us do before we bring it back to
council? Okay.
27
CiD' Council Meeting - July 24, 2000
Susan McAllister: Okay, I just have one concern. One question left. The port-a-potty thing, now what's
going on with that? I don't knox',, if I've got that clear in my mind. I mean am I allowed now to have
pon-a-potties or what are we doing?
Kate Aanenson: No.
Councilman Engel: It looks like it says permanent.
Mayor Mancino: Teresa, would you answer that please?
Teresa Burgess: The discussion was if that was a possibility instead oFa septic s.x/stem and that would
not be a viable option.
Susan McAllister: Okay, then let mejust say this, clarify something. The septic system is with tile house
and the people are going to be down by the barn. The house has got nothing to do with this right now.
And so.
Scott I3otcher: \Vhere else do they oo to the bathroom?
Susan McAllister: \Veil that's what I'm saying pea't-a-potties. That I'd have to have port-a-potties. I'm
not having them come in my. house. I mean tile house has =eot nothino= to do with this at this time. You
knox\' sometime it might in the Future but now at this time it doesn't.
Teresa Burgess: Tile Building Inspections Depat-tment would state the requirements o1'1 tile restrooms
for the public. The concern is that the septic system is currently Failing and that that needs to be
upgraded.
SusanMcAllisler: And l am going to. l have plans right now to upgrade the svstem F°r the h°use'
Mayor Mancino: But you can't as a building code regulation For the business use port-a-potties fei' the
rcstrooms to meet the buildino code. Am I correct in that?
Kate Aanenson: That was the building officials recommendation and it's on page 16 oFthe staff repo~t.
The condition.
.Mayor IXlancino: Okay. Thc use proposed does require that permanent sanitation Facilities be provided,
two restrooms. One male and one Female, and Sue that is on page 16 under number 12.
Susan McAllister: Okay. ,At one time we did. he said that t>ort-a-potties would be acceptable it' it were a
seasonal business.
Councilman Senn' I think that's true because we've done that. \Ve have that out at Swings.
Mayor Mancino: \Veil then we'd have to, in these conditions, put seasonal and when it's open and when
it's closed. Then we'd have to show that you may only have this open fi'om the months of operation fi'om
April to October.
Susan McAllister: That's right. That's exactly it. April 1~t to October 31~t. I mean at one point, now
wait a minute. I did sa.',', I said all year round okay, and then I didn't realize about the septic system you
28
City Council Meeting- July 24, 2000
know or the port-a-potties and then I had to start thinking, what's realistic for me, you know xvhat I'm
saying? And so I don't knoxv how ~nany people I'm going to get in the dead ofxvinter up there.
Mayor Mancino: My concern is tonight, and I don't knoxv unless we have someone here who knoxvs tile
State Building Codes, when it's seasonal, do xve know how many months? I mean is there.
Kate Aanenson: This is news to us. Steve did tell her it was seasonal. She had never approached us
about it being seasonal and the conditions so I don't know xvbat that definition would be.
Councilman Senn: Yeah, what basis did we do Swings oil? I remelnber we did Swings on.
Kate Aanenson: That was seasonal. But that was before my tilne but it wasn't open ill ti~e winter.
Councilman Senn: But there's a lot of special, and that's all interim use, right?
Kale Aanenson: Yes it was.
Councilman Engel: It's easily April through October.
Councilman Senn: ...I can't remember all the details on that but I remember there was a lot of' hoops or
rules xx'halever Io go through on that.
Susan McAllister: \Veil l:m saying that I, you know like when it came down to knowing, you know with
the septic sy'stcm £ailing and all that, and then all ora sudden things started changing. I didn't, I started
Ihinking well okay', what can I do now and Steve and I talked and he said if it was seasonal, it could be
port-a-potties. And I said well okay then. Maybe I'll have to make it seasonal then.
Mayor Mancino: \Veil that would be a condition that we would place on here then. That it is roi'
seasonal. The petting farm is for seasonal use fi'om April 1 ~t to October 31 ~t. and then you could use port-
a-potties but again they have to be handicapped and anything else.
Councilman Senn: Mayor ill could, I don't think any of us are sure on that, unless there's somebody
here who is. I mean otherwise maybe we should push this off ill next meeting and get it resolved if it's
that important. Because I mean I bate to sit here and act tonight and find out we acted on something we
can't do.
May'or Mancino: \Ve can't do.
Kate Aanenson: It is a building code question.
Roger Knutson: Or you could, if you wanted to, you could say.
Councilman Senn: Has to meet building code?
Mayor Mancino: It has to meet building code definitions.
Roger Knulson' You call sa3', give someone all alternative for example. You could say this or what you
hax'e pl-hlted, or if it's a seasonal business operated within the mOl~ths of April 1 to October 31, you Call
has'e pOl-t-a-polties i£po~-a-potties are permitted by the State Building Code.
29
City Council Meeting - Jul5' 24, 2000
Councilman Senn: \Vell rather than saying port-a-potties, just a seasonal business that meets State
Building Code, correct?
Roger Knutson: For disposal of sanitary waste.
Mayor Mancino: Okay. That's what we do.
SusanMcAtlister: See l would like to have this or this. Do you see what I'm saying because this is
something I have not had a chance to really research.
Teresa Burgess' Mayor? I'm not sure il'it makes a difference to Susan but you would still be required
Io upgrade 5'our septic system.
·
Susan McAllister: Yeah I understand that. for the house I would. Night.
Teresa Burgess' Correct.
Susan McAllister: I mean that's a big difference. You knoxv a personal septic system versus a
commercial one. You know l'm prepared to upgxade the persotlal one but you know the commercial one.
Idon'tl.~noxv. It could be like 5;30.000 or 525,000. I'x'eal~'eadx'cl~cckedthatout.
,eScort t~3otcller: Yeah. a~d you may'just want to consider, depending iFvou're goi~g to be in operation 10
5'ears. what 10 years oF port-a-potty rental, port-a-t>ottx' cteanin~ is ,'~oin,, to cost you
5;ttsan Nlcx\llister: \\:hat hal>pened to tl~e oull~ouse?
Scott Bo~cher: l'llq just saying. It's a faix question, just .x'ou want to make stli'c what's in x'our best
intexest.
Susan X'lc.,Xllister: l~,ight I knoxv. See I have to research that.
Mayor N/Inncino: So we'll hax'e to write it in a xx'ax' that either or and that we Feel comfortable xx'itla as
part oF. so this is=ooino= to take t~s some time to trail all this. ./Nnv other questions or concerns For Sue at
tl~is time? Okax'. thank you.
Susan N'lc,\llister: Thank you.
Max'ov Mancino: Now do YOU have.anyone here that would like to speak on ,your behalf?.
SusanMcAllister: Ibelieveldo.
Mayor Mancino: And if you do. could we limit it to a couple of minutes please per person.
would be great, thank vou.
And that
\.'el'helle Clayton' Sue had asked me to come and address the issue of the conditional use permit versus
i~erim use permit. I do have very strong feelings as someone that she has asked to give some assistance
xo. Sue I have to say though, initially you asked me to just help you through tile process. Tile best thing
,,'ou could do ~oniaht is have them vote ,,'cs on interim use. You'll establish some precedent. You'll have
30
City Council Meeting - July 24, 2000
some guidelines. Come back and talk another day about conditional use. They can vote on that tonight
an3avay. So my advice is take what you can get.
Councihnan Engel:. You have no experience in this.
Mayor Mancino: Yes, what are you doing talking Vernelle?
Vernelle Clayton: Yes but I think though if she were to decide to come back asking for a conditional use
permit in say the next 60 days or short period of time, she ought to be able to do that without paying
another fee because she didn't ask for an interim use permit. She didn't ask for it not to be put on the,
published that way. She asked always for a conditional use permit so I think she should be able to
administratively have that favor and go through the process. Maybe talk,just specifically'about
conditional use versus interim. I think there are some arguments that could be made for her on that
behalf but tonight I think we talk about interim use.
Mayor Mancino: Thank you Vemelle. Anybody else? Okay, let's bring this back to council and I hope
there's someone that can craft this all to~ether so that. and l~t;s just take some time and if we have to
help each other out, let's figure it out.
Cot)ncilman$cnn: Letmetrv.
Mayor :Xlancino: Okay. And will you please go slowly so we can all follow along with you.
Councilman Senn: \Veil I'm 'd ' 2
_oln_ to try to take tile simple approach.
Nlavor Mancino: Good.
Councilman Senn: The simple approach is that we approve tile interim use permit as per staff's
recommendation and tile ordinance as drafted with tile following exceptions or changes.
Mayor Mancino: Okay. so you're ,,oin,, first to the ordinance.
Cot~ncilman Senn' Yep.
lXlavor Mancino: Okay. \Ve've all ,,or the ordinance sheet in front of us. Because xx'e want to make sure
we're on ~l~e same document and everything. Okay.
Councilman Senn: And so with tile following changes. So in item number 3.
Mayor Mancino: First you have to Section I under tile definition of petting farm.
Councilman Senn: \Veil I'II come back to that as soon as Roger comes back to the room... Butjust let
me go this way. Number 3 would be changed to 3 tull time equivalents. Number 4 would be deleted.
Number 12, I would leave 7 years because she's going to come back in anyway on tile CUP and deal with
it on that...
Mayor :",lancino: My number 12 doesn't have 7 .vears. It doesn't have a 3'ear.
Councilman Senn: I knoxx'. It says. y'eah but it says one needs to be established.
31
City Council Meeting - July 24, 2000
Councilwoman Jansen: If I could. I think that actually falls under the specific application that's back on
page 16.
Mayor Mancino: Because we'll still have to do that too.
Councilwoman Jansen: Point number 11. This is the general one that's just saying.
Councilman Senn' Okay, you didn't want it in tile ordinance. You want it in the general...
Councilwoman Jansen: In the specific.
Councilman Senn' 'Alright, so leave it out of there then. And then essentially number 1 would be, and I
think I saw Kate write it down but essentially substitute the language that Roger already put into the
record as it related to tile introduction of the list of names and scientific names of the animals and insert
it itl at that point in the ordinance.
Councilman Engel: Wait a minute now. Did you say' i'iunlber 17
Councilman Senn' Yeah. Section.1 oFtheordinance.
CouncilmanEn,-'el: Section l.okay. Because I'm looking at numbcr 4 for tile definition ofthe animals.
Councilman Senn: \\.'ith tile definition of petting £arm. So thc definition would be changed as per tile
earlier lanoua,,e of the city attorney.
Councilman Engel' I have a question lot' vou then. \Vhat about on nt~mber 3 \\'here you said go to 3 full
time equivalents non resident employees, blah. blah, blah. How about, and I'm For simplicity here. The
profitability ogthe Farm is her responsibility and I think that would guide her in the proper decisions. I'm
just for str(ke it out altogether. She's not going to hire 25 people to that business. I think it reads easier
ifxxcjust eliminate it.
Mayor Nlancino' Now remember this is an ox'emll one.
Councilman SCllll' '5'eah. this isn't just her business ,X'Iark.
Councilnaan Engel: Yeah I'm with you on that.
Councilman Senn: And it's per 5 acres. So I mean essentially this, I mean somebody could come in with
20 acres tomorrow and want to do the same type oFthing alld you kno\v so I mean, and my understanding
is staff's guideline on this related back to tile parking and all kinds of other things that would have to do
with it.
Councilman Engel' See and I use tile same.
Councilman Senn' Intensification.
Councilman Engel: And I'm with you oil that. t knoxv what you mean. It seems like tile door may be
opening to bi~ businesses that may not be a ~ood fit for say abutting neighborhoods oi' somethino= like
32
City Council Meeting - July 24, 2000
that and my thought is that the profitability of those places will drive that decision as well and that the
land they'd have to dedicate to parking, tile compensation, all tile hassles that go along with employing
that many people, would leave them not to xvant to do that. Ijust think you'd add, it's more complexity.
I just thought it's easier to go without. The employees.
Counciln~an Senn: All I'm trying to do is trying to put a cap on it and stuff. The 252 hours is a lot of
hours and if it doesn't work, they can come back in and we can talk about it. The 252just seemed like, I
mean that's you can have 3 people there around the clock for cripes sake and you know that's not going
to be the situation so you effectively could have 6 during the peak hours of the day and...
Councilwoman Jansen: I would actually agree with Councilman Engel's observation. That it does seem
like we're making a business decision that is better left with tile establishment, and who;s going to be out
there actually monitoring? I don't think it's going to be a matter of how many employees that are
to determine the intensity, if that's what we're concerned with here.
Councilman Senn' \Veil then you're going to add one parking stall for every employee too.
Mayor Mancino: Add parking stalls for employees.
Councilman Senn' .now you're ,,oin~ to be intensifvino~ the parking. You're ~ooin~ to be intensifvin~o a
1o~ of uses. ' ~-
Ma)'or Mancino: How many, we have a lot ot°5 acre parcels don't we. that this could apply to. \Ve have
a lot ot'5 acre parcels next to neighborhoods. That's the only part that concerns me because you get you
know neighborhoods that don't want a lot of traffic on the streets near them. I don't know. If you have
thal many. i10vou just open up the number of employees, then what do we do about parking?
Councilman Senn: \Ve can only do what's commercially' reasonable which is 1 parking stall per
employ,ee.
:Xlavor. Mancino:. And so if somebody has 20 employees, then we've got to have 20 parking spots and
xx-e rc _o~n~ to limit the parking stalls to 10. And 1 bus.
Councilwoman Jansen' But if\ye're designated the number of parking stalls and they've giving some up
to their employees, they're making that decision. It's not the city, making that decision to give up those
parking stalls. It's again another business decision. At one point they could have 6-8 people there at the
same time with this full time equivalent. So I don't know that it's.
Mayor Mancino: So they'd be giving up, out of 10 of those parking stalls, they've be giving up 6 to
employees so they could only have 4 other cars there and 1 bus. That does limit it.
Councilman Senn: Well again, on a small parcel like this I think you need to be sensitive to tile
surrounding neighbors that are going to be close, not far. And I think staWs put'a lot of thought and
work into that and I mean we're already tripling effectively.
May'or Mancino: Their suggeslion.
Cotmcilmat~ Senn: Yeah. their suggest/on so I mean. Again, this is trial. Ijust hate to get totally carried
away.
City Council Meeting - July 24, 2000
Councilman Engel: Well if it becomes a problem for her then we'll have to come back. And for
anybody else. Do you know what I mean? What I'm thinking, I'm going back to the driving range down
on 212 and ho\v, I don't like it when we encumber a new business xvith rules and regulations that might
drive them right out of business. Or make it very difficult for them and I think if they did have, and I
believe they did have 1 or 2, they came back right away and let us know. Tile lights was one and we
dealt with it. So okay. And we had the door open. \Me did change it as soon as they came back. It was a
hardship for them to compete without the lights.
Kate Aanenson: Both of those sites also had hard surface parking. This won't. There's not going to be
stripes. It's gravel.
IX. las,or Mancino' So, yeah. Okay.
Councilman Sen~l' And none of those were i~l close proximity to residential neighborhoods either so.
Cou~cilman IZngel: \\'e did cl~a~lge tl~e last a~d I'lll okay with that.
N'lax'or N1nl~cil~o' Okay. Do You llax'e al~x' other questiol~s?
Cot~cilmal~ [-Z~q,,oI' No. that xx'as tl~e bi~ tl~it~o Ijt~st ctict~'t xx:al~t to 10t. lt. \'eLl t~l]ox\'. 1 cliclll't \x'a~t to sta~'t
he~' ot~t \\'ith o~e hamstring cut al~'eadv.
Nlavor NIa~qci~qo: Sul'e. I'm st~'e sl~e al>lO~'eciates that.
Cou~cilmai~ Sc~' That's tile c~d oftt~c motion.
Mavo~' XIa~ci~o' OkaY. is ~l;ere a seco~ld to tl~e motio~?
Cou~lcilx\'oma~l Ja~lSel'~' .Seco~ld.
Cot~ncilman Senn moved, Councilwoman Jansen seconded to aI)p~'ox'e Zoning O~'dinance
Amendment #00-1 amending Chapter' 20 of the Chanhassen Cit',' Code Allo~ving Petting Faa'ms ns
an Inte~'im L,~se Pea'mit in the A2, Ag~'icultu~'al Estate Dist~'ict to ~'ead as follows:
Section l. Sectio~l 20-1 oftl~e Cha~lhassen Cits' Code is ame~lded by actdi~lg tile f'ollox\'i~lg definitio~l'
means any activity whereby tile Folio\ring list oFatlimals ma.v be exhibited regardless of
compe~lsation a~ad then you would list these animals.
Section 2. A~q. icle IX/., Division 3, Sta~ldards fei' Agl'icultural and F<esidential Districts, of the
Chanhassen Ciu' Code is hereby amended by adding tile following section'
Sec. 20-267. Petting Farms.
Tl~e Colloxx'i~q,d_ co~ditions \\'ill apl>l>' to t>ettilag Carms'
Tl~e site must be on a~d ltave access to a collector or minor arterial as ide~ltified in tile
col~lt>i'el~eI~sive plan.
34
City Council Meeting - July 24, 2000
2. The minimum lot size shall be five (5) acres.
Tile site must also be used as a residence. Only three (3) full time equivalent non-resident
elnployees shall be employed on the site per five (5) acres.
.
All structures and storage areas ~nust be set back fifty (50) feet from public or private rights-of-
way, and three hundred (300) feet from an adjacent single family residence or a minimum of
fifty (50) feet from a side lot line, whichever is greater. The City Council may require storage
areas to be completely screened by one hundred (100) percent opaque fencing or berming.
Parking areas shall be screened fi'om public or private rights-of-way and adjacent single family
residences.
Hours ofoperation shall be fi'om 8:00 a.m. to 8:00 p.m.. Tile City Council may further restrict
hours of operation if the use is located adjacent to property guided residential as identified ill the
comprehensive plan.
7. No outdoor speaker systems shall be allowed.
8. Signagc shall comply' with Article XXVI of the Zoning Ordinance.
Retail sales shall be limited to three hundred (300) square feet ill area. Retail sales shall be
limited to petting farm related items.
10.
Animals kept outside must have continual access to shelter to protect thenl fi'om tile elements and
must be in a confined area with fencing.
11.
A termination date shall be established for the interim use permit. The use shall be permitted
until a particular date. until the occurrence ora particular date, or until zoning regulations no
longer permit it. Prior to thc permit expiring, tile applicant may request an extension to the
interim use t>ermit by submitting a new application. The renewal application will be subject to
all city' ordinances including any new ordinances enacted after the original approval.
Section 3. Section 20~576 of the Chanhassen City code is amended by' adding the following interim use:
(9) Petting farms.
Section 4. This ordinance shall be effective immediately upon it's passage and publication.
All voted in favor and the motion carried unanimously.
Mayor Mancino' The next motion which has to do with page 15 and 16 of the report that is tile
recommendations for this particular interim use. Could I have a motion on that one please?
CouncilnmnSenn: lalreadymadeit.
Councilwoman Jansen: This is tile second one. I'll move that the City Council approve tile Interin~ Use
Permit #'00-2 subject to the plans dated, are they still the February 22, 2000? For the operation ora
35
City Council Meeting - July 24, 2000
petting farm with tile following conditions, 1 through 12. And I'm asking tile question, we're okay with
number 11 going to 7 years versus 107
Councilman Engel: Or 10 versus ??
Councilwoman Jansen: Do we like 107 I like 10.
Councilman Engel: I'm okay with 10.
Councilwoman Jansen' Changing number 11 to the interim use shall terminate in 10 5'ears,
Teresa Burgess: Also Mayor, staff had requested a revision to number 14. On page 17 to read, the
septic system, shall be brought into compliance prior to the operation commencing on the' site. In
addition, maintenance and inspection reports shall be submitted to the city on a bi-annual basis. At such
·
time as the septic system fails and sanitary sewer is available to the property, shall connect to tile sanitary
system as per the requirements itl place at that time.
Mayor Mancino: Okay. docs that sound fine fei' ex'erx'one?
~ ,
Cot~ncilx\'oman Jansen: Did that just cox'cr us lbi' the port-a-potly issue too,°
NI%'or :%Iancino: No.
Teresa Burgess' No. What that is doing is alloxving the loropertx' oxvner to DOt have to connect to the
new sanitary system 12 months after it's installed.
Councilxvon~an Jansen: Okay. So then do I still need to amend point number t2 so that we're say'ing as
printed, or if il is a seasonal business t must meet State Building Code requirements. Does that coyer
Councilman 5~Cllll' As a seasonal btlsllless.
Council\roman Jansen' As a seasonal business. Did I get evers-thing? Does anvbodx' else have all\' other
notes? Andthmwas 1 through 14. Ithinklsaid 12 and it's 1 through 14. I didn't turn tlle page.
Mayor Mancil~o: Is there a second to tiao motion?
Councilman Engel' Second.
Councilwoman Jansen inoved, Councilman Engel seconded that the CiD' Council approves Interim
Use Permit/400-2, subject to the plans dated Februa~3? 22, 2000 for the operation of a petting farm
with the follo',ving conditions:
1. Tile site plan shall comply with Section 20-267. Petting Farms.
Accunaulation of feces shall be located at least 200 feet from any well. Accumulation of feces
shall be removed at such periods as will ensure that no leaching or objectionable odors exist.
The premise shall not be allox\'ed to become unsightly.
36
City Council Meeting - July 24, 2000
.
.
.
4
.
10.
Il.
12.
do
Parking shall be limited to ten (10) stalls with the provision for only one (1) bus.
The applicant shall submit a landscape plan for the proposed development. The applicant shall
show the location, size and species of proposed trees and shrubs.
Landscaping shall be added to the area between the parking lot and West 78th Street to provide a
buffer. Included in the plantings shall be overstory trees, evergreens and shrubs.
Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
The site shall only have access fi'om \Vest 78th Street.
A dead animal disposal plan shall be submitted to the city for review.
The permit shall be reviexved annually to determine compliance.
Tile applicant must apply and obtain all necessary permits fi'om regulatory agencies such as
Carver Col.~nly', DNR, USDA. etc.
Thc interim use permit shall terminate in ten (10) years.
TI~c Buildin,,= Official's conditions are as follows:
All public buildings must meet code requirements as required roi' new buildings because
ofthe change in occupancy classifications.
Allbuildin,,s= and areas intended for use by the public must be on an accessible route and
accessible to people with disabilities.
Txvo accessible parking spaces must be provided.
Accessible sanitation facilities must be provided.
The use proposed does require that permanent sanitation facilities be provided, two
restrooms, one male and one female.
A new onsite sewage Ireatment system must be installed.
.
Tile system must be sized to accommodate the waste fi'om the dwelling (this
system has recently been determined to be failing), as well as the waste fi'om the
business.
.
The new system must meet the requirements of Minnesota Rules Chapter 7080 for
other establishments.
If it is lo be a seasonal operation, it must rneet State Building Code requirements
for a seasonal business.
37
Git.,,, Council Meeting - July 24, 2000
e.
Tile food preparation facilities require approval from tile Minnesota Department of
Health.
Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
13. The Fire Marshal's conditions are as follows:
ac
b,
A 20 foot wide fire lane shall be provided,
The Fire Marshal shall review the existing buildings to be utilized for the petting farm to
determine code compliance.
Smoking is prohibited in any building used in conjunction with the business.
d. "No Parking Fire Lane" signs shall be installed on the fire lane.
new drix'exx a,x' must be designed to suppo~'t tile weight of a Five truck ,vea~' round.
new d~-ix:exxa,,' must be installed prior to tile removal of the existino= drive\vax'.
The amount of combustible material (i.e. hay, straw, etc.) on tl~e Floors of any buildings
used in tile business must meet fire code requirements.
electrical xvi~'ino must meet code.
14.
Thc septic system shall be brought into compliance prior to tho operation commencing on the
site. ~n addition, maintenance and inspecti~In reports shall be submitted to the city ~n a bi-annUal
basis. At such time as the septic system fails and sanitary sewer is available to theprope~-ty, shall
connect to the sanitary system as per the requirements in place at that time.
All voted in favor and the motion carried ui~animously.
Council\roman Jansen' Good luck Miss Rosie's Farm.
Nlavor N,Iancino: And I'm sure xx'e will be in contact and chcckino= out thin2s~ and how they're xxorkin~.
etc. And please do work Sue, with staff on you know the next few years, anything that comes up. You
knoxx' we should write it doxvn. Review it. Any of the concerns and just deal with it fol'thrightly and
openly about how we're ~oing to meet things that come up. Okay?
Susan McAllister: Thank you.
Mayor Mancino' Thank you.
Councilxvomal~Jansen' And staff, thanks for all vour hard work on that one. I know it was a long,
length5' process.
Scott Botcher: :\re you leavin,,=. Cindy?
38
STATE HISTORIC PRESEI-tVATION OFFICE
June 17,2002
Mr. Robert Generous
City of Chanhassen
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
RE:
Driveway and parking area conditional use permit for Miss Rosie's Farm
Chanhassen, Carver County
SHPO Number: 2002-2981
Dear Mr. Generous:
Thank you for your letter regarding the driveway and parking area for the McAIlister
property.
As you know, this farmstead, known historically as the Rose Farm, has been evaluated
as eligible for the National Register.
We understand that the historic configuration of this driveway needs to be changed due
to traffic volumes on Trunk Highway 41 and the construction of 78th Street south of the
farmstead. We have reviewed the site plan from HTPO (stamped as received by the
City of Chanhassen on 22 May 2002). Placing the parking areas close to 78th Street
greatly reduces the impact on the central area of the farmstead. The proposed route for
the driveway integrates the historic approach to the farm from the west. Minimizing the
width of this driveway and utilizing a gravel surface will further help to preserve the
overall historic character of the property.
If you have any questions regarding our views on other aspects of this proposal, please
contact us at 651-296-5462.
Sincerely,
.._
-,.
Dennis A. Gimmestad
Government Programs and Compliance Officer
Cc: Jackie Sluss, MnDOT
Ralph Augustin, COE
Susan McAIlister
RECEIVED
JUN i 9 Z00Z
CITY OF CHANHASSEN
PUBLIC HEARING:
CONSIDER A REQUEST FOR AN AMENDMENT TO INTERIM USE PERMIT #2000-2~
MISS ROSIE'S FARM~ REVISING THE SITE PLAN WITH A VARIANCE FOR A
GRAVEL DRIVEWAY AND PARKING AREA AND A CONDITIONAL USE PERMIT
FOR DEVELOPMENT WITHIN THE BLUFF CREEK OVERLAY DISTRICT
LOCATED AT 7461 HAZELTINE BOULEVARD ON PROPERTY ZONED A2~
AGRICULTURAL ESTATE, SUSAN MCALLISTER.
Sharmin A1-Jaff presented the staff report on this item.
Blackowiak: Thank you. Commissioners, in an effort to kind of move things along, if you'd like
to speak just give me a signal. Uli, questions.
Sacchet: Yes, a few quick questions.
Blackowiak: Quick questions.
Sacchet: The landscaping it talks about the applicant has not yet met two conditions of approval
for interim use permit and it talks about a landscape plan and buffer yard plantings and then it
goes on to talk about a windrow of trees along the south and east. Could you explain a little bit
what that entails because that landscape plan, it's a farm. We don't want to landscape it. Buffer
yard plantings. Where do we need to buffer and then this windrow, I'm not quite clear...
A1-Jaff: That was a recormnendation of the original approval. Typically within farms you have a
row of trees that eventually mature to block off wind to open areas. That portion of the landscape
plan has not been implemented.
Sacchet: That would be Pulte needs to buffer? I mean does Pulte has to own the buffer then? I
mean Pulte is the one who comes in with a different use...matter of opinion I guess.
A1-Jaff: ~ believe the applicant has to provide the landscaping on.
Sacchet: Did Pulte provide any buffer plantings there?
Al-Jarl: [ don't know, but I can find out.
Sacchet: That may be, we don't have to dig too deep. Now you're maintaining the thing of two
buses is a matter of intense...
A1-Jaff: Correct.
Sacchet: I'll make comments about that. And then you have a condition about handicap parking.
That it needs to be con-unercial standards drive to the house. If it' s by the house and if it' s not by
the house then it has to be an accessible trail.
A1-Jaff: Correct.
Sacchet: Can you explain about that perhaps?
A1-Jaff: A handicap parking is proposed within this area. If that is the case, this entire driveway
will have to be upgraded versus if the applicant decides to keep the handicap parking within these
areas, only portions that would need to meet state requirements is this driveway.
Feik: Why?
Sacchet: Walkway.
A1-Jaff: Walkway. And eventually it will get to this area.
Sacchet: The reason why I ask this is, it would seem like we have conflicting elements. On one
hand we have the Historical Society says the driveway should be narrow and historic and gravel,
but then this seems to say it needs to be wide and all this other stuff.
A1-Jaff: Only the pathway would need to.
Sacchet: ...finish the driveway. So that kind of cancels out the possibility of the driveway, the
handicap parking being by the house.
A1-Jaff: Correct.
Sacchet: If it is on the southern side, then we need this trail to fulfill certain standards and are the
standards specified? Do we know what they are?
A1-Jaff: They would have to meet building code requirements as far as.
Sacchet: The trail being flat enough and.
A1-Jaff: Correct. Certain grade.
Sacchet: ...and you wouldn't impact the historical, alright. That's my questions.
Blackowiak: Okay.
Feik: Sharmin, real quick. You state that if the handicap parking goes to the north side they have
to upgrade the gravel road where it swings all the way around the property. Upgrade that to
bituminous? Or why? It's 10 foot wide.
Sweidan: Upgrade it the width of it.
Feik: Just the width?
Sweidan: We can go with the gravel but it has to be according to the conditions if it is gravel
road.
Feik: So you can drive a bus up there, but you can't drive a handicap van up there? I'm trying to
understand the difference between why you have to upgrade it for handicap when you wouldn't
have to upgrade otherwise.
Sweidan: You have to upgrade the width of it. It has to meet 20 foot minimum and that's
according to the marshal, Fire Marshal. He needs for the fire truck a path of 20 foot minimum.
This is the minimum width he can go to. Now, if they need the handicap to be up north, up there,
it doesn't matter what kind of pavement. If it is gravel, that's fine. We have a condition for
gravel she has to maintain and supply us with.
Feik: So in other words, if it's a private drive essentially it can be 20 feet wide?
Sweidan: If it's private does mean handicap parking is not allowed.
Feik: If the visitors are not driving on that, then it can be 10 feet wide.
Sweidan: Exactly.
Feik: Is that really the crux of this2
Sweidan: 10 feet for the private use only. Not for the handicap or for the public.
Feik: Okay, so it's really not just handicap driven?
Sweidan: No.
Feik: Okay, thank you very much.
Blackowiak: Okay, LuAnn.
Feik: Oh wait, you had something else. I'm sorry.
A1-Jaff: Also, if you look at condition 6 on page 12, this is also handicap parking is addressed
under that. 6 and 7.
Blackowiak: LuAnn, question?
Sidney: Why the windrow of trees? Where did that come from? Condition 9. For the interim
use permit.
Feik: And is it still relevant?
Sidney: Well yeah.
AI-Jaff: It is along the east property.
Feik: Is it still relevant?
A1-Jaff: It is still relevant. They haven't met this condition. Speaking to Jill, she.
Sidney: So this was part of the original.
A1-Jaff: This was part of her original plan. It had to do also with vegetation along Bluff Creek
Overlay District.
Sidney: Okay, so this is loo~ng back at what was originally approved then.
A1-Jaff: Correct.
Sidney: So this isn't something new?
AI-Jaff: No.
Feik: In your opinion, it still is necessary?
A1-Jaff: It is required.
Feik: That's not exactly what I said. It's required for the previous stuff.
A1-Jaff: Is it still necessary?
Feik: Could it be eliminated is the question? Could the requirement to plant those be eliminated?
I don't care how it got there. I want to know could it be eliminated and is it necessary?
A1-Jaff: I believe landscaping is always necessary and it goes back to, if it's going to block wind,
yes. It will be.
Sidney: Well that's maybe just a question mark for City Council.
Feik: Okay.
Lillehaug: I had one quick question, and then I want to hear from the applicant. The initial plan
addressed the driveway off of 41 to the north of the property and this new plan really doesn't
address it, but I'm seeing a note on there that that driveway, it says only bus entrance and exit I
think is what I'm reading. There's a letter in here where MnDot addresses it that that should only
be used as a private entrance. And I don't think we addressed the condition here. Do you think
there should be a condition attached here? Limiting that driveway to a private use only and no
buses shall be.
Sweidan: We can...but we thought that you know once they are going with the new access
from.., they' re going to have to use that northern part.
Lillehaug: Okay, you think they will use it though?
Sweidan: If they are...according to this access, yes they can use it. Yeah.
Sacchet: One clarification Madam Chair. When we talk about this northern access, I mean that's
the gate that stands next to the woods. I mean it's not exactly driveway. Is that what we're
talking about? Because the access, the main access that looks like the driveway now is going to
be closed, so we're talking about it's going to basically need a machete to get through, right?
Sweidan: Yes.
Sacchet: Okay, just want to be clear.
Blackowiak: Okay. I just have one question Sharmin. I could not find in the letter dated July 25,
2000 mention of a windrow. I see mention of a buffer yard. I see mention of a landscape plan. I
don't see anything about, specifically about a windrow and I'm just wondering if that's new
based on.
A1-Jaff: You are correct. On page 7, under landscaping.
Blackowiak: This was just sort of a suggestion that was in one of the reports. So it wasn't, this is
new is what I'm asking, or kind of telling you. So this windrow thing is new?
A1-Jaff: Yes it is.
Btackowiak: Okay, just to clarify that. Thank you. Well Susan, you've waited long enough.
Come on up. Name and address for the record please.
Susan McAllister: My name is Susan McAllister and I live in two, same spot but I have two
different addresses. One is 7461 Hazeltine Boulevard, Excelsior and the other one is now 2930
West 78th Street in Chanhassen. Yeah, I keep trying to tell the post office it's the same place. I
never get my mail though. Yes, my real address will become 2930 West 78th Street but right now
that's where I am getting my mail so I think we'd better put that on for the record. I'm in a
transition area. I think I was born in a transition area. So I'm here tonight because I have got
some requests and that is to re-route my driveway due to some new historic info~Tnation that was
discovered by me in December of 2000. And I guess I'm just going to get to the point, like you
know. The people that ~know me from before know I always get right to the point and I don't pull
any punches. I just call it like it is so we'll just start that way and go from there. On July 24,
2000 the City Council approved my request for an IUP to operate a petting farm subject to 14
conditions. Condition number 5 specified the landscaping shall be the following: 2 overstory
trees, 6 understory trees, 6 shrubs, and I figured out the cost would be about $2,300. Today I
come before you and some how there's a windrow of trees that I figured out how many trees
would have to be planted according to what the city's requirements is and that's $21,000. I think
this is absolutely ridiculous. All I'm doing is coming before you, and I'm told I need to amend
the II, YP simply to allow me to re-route my driveway to preserve the historic integrity of the
farmstead for nomination to the national historic registry, and some how now it has been
deterlnined by the planning department that I should, like I said, add trees along the east and
south property lines around the pasture to help define the parameters of the farmstead and provide
some screening from the development area, that is according to the bottom of page 7. Number 1.
Point number 1. This is a working farm. It's been a working farm since 1983. It's not to become
Camp Snoopy or the Pickied Parrot. The property lines are the pasture area. I will show them to
you right now with some pictures that I have, just so we can clarify things. If somebody can get
me the camera on these photographs. You can see here that these are close-up' s. Am I upside
down?
Sacchet: You're upside down.
Susan McAllister: Whoops. Okay, those are close-up's of the fence and as you can see there,
this is when it gets to become farm country last year. This is the east property line right here and
I think this is the south property line because the water tower, was built there. Actually this is a
couple years ago. So then therefore you can see there is fencing all along there. Okay, therefore
the pasture fencing which runs along those two sides will continue to find the east and south
property lines. I am not going to put trees along any part of that area, and this is not even
negotiable with me at all. It is to stay natural to preserve the farmstead's integrity and also to
grow my pasture area. I need the sun in my pasture area. Right now I already have a farm in the
middle of a forest. I will show you this photograph. This is just part of the, where the barn is and
you know, this is the only part out there that doesn't have trees. Everything else absolutely...
Feik: Excuse me. Would you orient me which is north and south on your aerial?
Susan McAllister: Okay north is right here. South is here so my driveway will eventually be
coming up here and then winding around, okay.
Feik: Yep, thank you.
Susan McAllister: And this is the pasture area on the east and south side so, okay. It is
absolutely ridiculous to ask me to do anything like that when the landscaping was approved 2
years ago there was no mention of a windrow whatsoever. I'm simply re-routing my driveway
due to the new information about the farm that was discovered by me in December, 2000. I just
want to clarify that you know, I didn't feel I was going in for an amendment to the IUP but I was
told I had to. I got my site plan approval like I said 2 years ago. I'm simply showing the official
driveway due to the newly discovered historic information. That's it simply. I don't know if this
becomes somebody that doesn't want to look at a farm. I think it might be something like that.
They don't want to see a barn. I'm not sure. I can't go there because I don't have that answer. I
just want to say that it needs to stay natural and that's one of the, I mean one of the real important
aspects of preserving something for the National Historic Registry is to keep it as close to the
original as it was, alright. And just, actually I've already met some people from Arboretum
Village that love looking at the barn and the pasture and they actually are hoping the additional
units about to be added won't block their view. I know different but I'm not going to tell them.
In fact they even want to help me paint the barn, you know all the out buildings this summer.
Number 2. Regarding that tree line again. I, the Advisory Council on Historic Preservation, the
State Historic Preservation Office and the Corps of Engineers are still dealing specifically with
the east and south property lines regarding the farmstead and if anybody has to screen anything it
will fall on Pulte's shoulders due to the adverse affect, quote unquote, their development has had
on a historic farm. We are still negotiating this so I can't even visit this issue at this time. So, I
am asking you to remove condition number 9 of the IUP entirely as re-routing my driveway
should have no bearing on what was approved 2 years ago. As for the bus situation, I simply am
planning for 2 buses now, even though I only have permission for one now. I don't want
necessarily to have 2 busloads of kids there at one time. It's basically a safety issue more than
anything. One bus could go over their planned time at the farm, or one bus could arrive earlier
than planned or both which could result in a possible liability issue for the city seeing they will be
owning West 78t~ Street at the time I open. It's only, you know like I said, it's only for safety to
allow them to park and wait instead of blocking West 78th Street with nowhere to go.
Additionally the invisible structures, the way they're manufactured, they interlock and they need
to be installed at the same time so I'm simply you know, in case 2 buses, 1 bus doesn't leave and
another bus shows up, they have to have a place to go and that's what I'm building for. That's it.
You know, if I need to have 2 buses in 2 years or a year from now, I'm not ashamed to come up
here and ask for it, believe me. Okay so condition number 4 of the IUP shouldn't be an issue at
this time. Condition number 6 of the IUP is problematic. As I have spoken to Steve Terrell, the
building official about the handicap van or car, or cars, coming up the 10 foot wide driveway,
asking him is it going to make it commercial or is it going to be personal? And he felt that the
small amount, the low usage that it would have would, was okay and that it would not cause my
driveway to become commercial as a 26 foot wide. It's already going to have the 7 ton roadway
design in it. So I'm asking if the 10 foot wide driveway can be the accessible trail. According to
the engineering firm, they think that I should be friendly to handicap people. I want to be friendly
to handicap people and allow them to come up towards the house, but it totally goes against what
the intent is, is to keep the driveway a walking area. Actually the cars are going to pull in off of
West 78m Street. They're going to park there and the kids are going to be able to walk up the
driveway. That's what the intent is for this 10 foot wide driveway. I'm the only one going to use
it and a fire truck will be using it, I hope not but I mean if they have to, I think they'll go straight.
I'll give them permission to go straight across the yard. They don't have to go around the circle.
And you know the handicap, I wanted them to be closer you know so I'm just saying that's a
question mark. I mean I don't know what to do with that. You're going to have to come up with
some answer for that. Condition number 1'7 of the IUP. The Interim Use shall terminate in 8
years by June 24, 2012 which really should read July 24th of 2012. Because it was given in July
24th instead of June. So if, okay the intent was to give me 10 years. Everybody knew at the time
I applied for it I couldn't start at that time that I applied for the IUP because West 78th Street
wasn't in yet and sewer and water was not available to me until actually last week. It's at the spot
where it' s at. And I don't know if it' s officially available but it' s in the spot it' s supposed to be
in. These were 2 of the conditions that I had to meet in order to operate so, and let's refer now,
I'll refer to City Council comments. Let' s see on, from Linda Jansen in July of 2000 and Nancy
Mancino, and that would be on page 25. Okay, Councilwoman Jansen: And I'm assuming that
would be from the start day of the actual business since we discussed it may not be able to start
until 78a~ Street comes through. Mayor Mancino: Yeah, that's the other part. Councilwoman
Jansen: So it would be from once you have access from West 78th Street. And then I said I had a
letter from MnDot that says I can use the driveway now. Or I can use that access now, but
MnDot wanted me to take total personal responsibility for the safety problem that might occur
there and I was not willing to go there. I am not so I decided I couldn't. Even if I wanted to, and
I chose to, my driveway was missing half of last summer. It just didn't exist. It did not exist.
Okay, then we come to Mayor Mancino: Well it's between you and MnDot so whenever you
officially start, you know it's worked out with MnDot. If they allow you to, you'll need to notify
us and then it will start from that start date. Okay, I have not started. So therefore, therefore I am
asking condition number 17 to read, the interim use shall terminate in 10 years by July 24a~ of
2002.
Sacchet: 2012.
Susan McAllister: What? 2012 I mean. That's what I meant. Oh my. I missed it again.
Slagle: Have you addressed staff with these questions?
Susan McAllister: No.
Slagle: Is there a reason, may I ask?
Susan McAllister: Well because, no. Not yet. I'm addressing them tonight.
Slagle: Okay.
Susan McAllister: I just saw these just a couple of days ago. Okay. Condition number 27. My
engineering firm, which talks about that it has to be a 3 to 1 ratio, slope. My engineering firm
thought it was a 3 to 1 slope so they're checking it out because they believed it was so I don't
know what is going on there. It will be if it's not. As for the duck pond, it is not a new addition.
Hang on. I will show you. I'm simply showing it in the same place it was 2 years ago. There it is
right there. It's almost exactly in the same spot, wait a minute. Yeah. It's almost exactly in the
same spot that it's going to be now. It actually is in the same spot, so therefore there's no
specifications called out at that time when it was approved with my IUP in the context of my IUP
in the year 2000. So I ask you to remove condition number 6 in the conditional use permit which
asks for that 10 foot bench. Also, condition number 5 is worked, I just want to mention that
condition number 5.
Slagle: We're going back...
Susan McAllister: We're backwards, yeah I'm sorry. Okay, condition number 5 of the
conditional use permit. The stormwater runoff from the manure/compost area shall be buffered
prior to discharge into the Bluff Creek Overlay District to protect water quality. The applicant
shall work with the city staff to develop an appropriate buffer plan. I'm already working with the
Carver County Environmental Services on this and they've given me their plan as to what to do
about that so. The City did have a problem with you know policing from everything from other
agencies so therefore I'm asking them to not deal with that. I will deal with the Environmental
Services because they really oversee that. So I don't think that that should be in there either. So
condition number 5 should be eliminated in my opinion.
Blackowiak: Okay Susan, now if you're dealing with the County and you feel that they have an
appropriate plan, then you really wouldn't have any problem with the City just taking a look at
that would you?
Susan McAllister: No.
Blackowiak: Okay. Then we don't have to take it out.
Susan McAllister: So finally I ask you, how did we go from 14 conditions to 30 conditions if I'm
simply re-routing my driveway? Initially I said 2 years ago the driveway shown on my site plan,
I stood here and said that, is not necessarily the route it's going to be. It simply shows the
approximate stub in from West 78th Street because I had to show something in order to show you
a plan and so MnDot just plunked it in there. They just you know, she put it in there. I used the
plan and that's what I'm saying, and just so you know, I'm simply, I'm just, I'm not asking for
anything new. I'm just showing the official driveway alignment. Well I'm asking for it to be
gravel actually but I'm not adding everything and everything that's been discussed has been
approved 2 years ago, except for the gravel with the IUP so I don't know what else to say. If you
have any questions. I can show you the parking area actually and how that's going to look, a
little bit. This is a meadow right here.
Feik: You're upside down. Thank you.
Susan McAllister: And the parking will be in here. It will be behind the tree area so you won't
even, you won't see them because we're going to carve it right out of there so this is from, this is
from, believe this or not, this is from the south side of my property which really is West 78th
Street right here and so actually when you're coming in, you know you're going to go to one
parking area there and then you're going to head towards the... This is going to be carved out in
here. So it will be...and this is the other side when you're coming off of West 78th Street and
you're park .... in here. So I tried to do it, you know I love protecting the environment and I'm
trying to do everything I possibly can to protect it. I need to keep my farm eligible for the
National Historic Registry application because if anybody that you've ever met in your life that
would need that on their charm bracelet it's me. So therefore I, it's important to keep the farm as
natural as it was originally. I have definitely lost, you know I mean the fields weren't mine to be
had but that was part of the farmstead but that fence row or hedge row or whatever you want to
call it is more than 1,200 feet away and to bring that close and try to say that I need to start like
surrounding my entire farm, it's not going to work. It's not going to make me have a workable
farm anymore. I'm going to block all the sun from my pasture. It's not going to work. It's not
going to make me have a workable farm anymore. I'm going to block all the sun from my
pasture, and I think it's simply because some people...don't like the look of a barn so that's just
my opinion. You got any questions, I'll be glad to answer them.
Blackowiak: Commissioners, questions.
Lillehaug: I have a question. What has changed from the original approval here that now we
should approve 2 bus parking lots rather than 1 ?
Susan McAllister: I'm asking for room to put 2 buses.
Lillehaug: Has anything changed from the previous approval?
Susan McAllister: Not that I know of. What do you mean? What kind, what do you mean?
Lillehaug: Previously you wanted 1 bus parked and 10 parking...
Susan McAllister: I haven't done anything since I was here actually 2 years ago today. I was
here on June 18th. My anniversary date.
Lillehaug: And that's why I'm asking. What has changed?
Susan McAllister: Nothing.
Lillehaug: To warrant 2 parking stalls.
Susan McAllister: Nothing. I'm simply trying to tell you, I'm simply saying that if I'm going to
put in the invisible structure, I need to put it in at the same time according to the people who
designed it. Because it interlocks. Did you see the specs? Okay, it's under the grass, yeah. And
I'm just saying if there's, I'm not saying I want space for 2. I don't want 2 buses at one time right
now. Okay, I might work myself into it later but I don't want that now. I never really did ask for
that. I just wanted 2 buses to park there in case they show up at the same time or one doesn't
leave in time. There won't be any room to shuffle people around or buses or cars or anything.
There's going to be a problem so I' m trying to eliminate a liability situation.
Lillehaug: One more question. The gravel driveway. One of our tasks here tonight is to grant, to
look at the variance for the gravel driveway. Is there anything else fueling it other than the
National Historic Registry? I read their letters here and it didn't clearly, to me say that you have
to have a gravel driveway. Otherwise you'd be excluded from the registry. I think the verbiage I
read, it suggested maintaining gravel. I' m wondering if there's anything else fueling that as far as
funding or.
Susan McAllister: No.
Lillehaug: Because we talked about cost of trees and I'm wondering if there may be a trade-off.
Susan McAllister: No. I will not be willing to trade off. I'm son'y, I just can't do that. And you
know there is a Dennis Demistat of the Compliance Office for the SHPO did fax a letter to the
city I'm sure. Do you have it? Is it in there?
Blackowiak: Yeah.
Susan McAllister: Oh, I didn't get it. Okay well, I hope it met with what he recommended and
he did physically visit the site. Even though it says on here without physically visiting the site, he
did visit it. I mean it was kind of, that sort of sounds like he didn't visit but he did visit it. So on
historically significant sites it's best to maintain the character of the site. It's best not to make
changes to the site that are radically different from the historic patterns. The farm is a farm.
There's no other farm in the middle of a city that I know of, because I've sure gone through heck
trying to get it. So therefore it's got to have the driveway that was original to the farm which is
gravel even though, see what happened is this is like a technical thing. Okay. A technicality.
Two years ago when I got approved they didn't have a hard surface ordinance for a driveway,
okay. It just said my driveway had to hold the weight of a fire truck, plain and simple. That's
what it said. And I told them it was going to be gravel. I never said it was going to'be blacktop
or anything else. I specifically said gravel. I didn't even say that the parking area was going to
be gravel. It was going to be grass at that point. But now I see that I have to at least put in gravel
so that is what I'm asking for. Is to protect the integrity of the farmstead because it's different. It
can't be compared to anything else around here, and that is one of the intentions that the city did
say years and years ago that we want to be different. We want to be different from other
communities so therefore now's your chance.
LiIlehaug: Okay.
Blackowiak: Other questions? Bruce?
Feik: None for the applicant, thanks.
Blackowiak: LuAnn?
Sidney: Well a question for staff I guess. Interim Use Permit termination date. What is the date?
As stated in the staff report or the date when it's granted by City Council and the clock starts
ticking?
AI-Jaff: Typically there's a drop dead date on an interim use permit. In all honesty I need to
check the original file on this one. Bob Generous prepared the staff report.
Blackowiak: Sharmin, I can help you a little bit. I was checking on that too. We got a copy of
the Interim Use Permit and on page 20, well it's City Council meeting dated July 24, 2000, so
that's the date of the City Council meeting. That's the date it was granted. So there was a lot of
discussion as to whether it starts right today. Does it start when she starts working? And it's
really unclear in here because it says a little bit, well we can start. We can start it when the actual
operation begins. Then however, if you go to page 26, Roger Knutson says, it is from the date of
approval. And then Councilman Senn says, from the date it's granted? Roger Knutson, yes. We
have no way of tracking when she would start. And then Councilman Senn, so she waits 4 years
to do it. That's not, and Roger Knutson says, it's her decision. And Kate says, also on the
interim use you can come back and ask for an extension, so she can not get started, she can come
back in and say I was going to be in. I mean interim use allows for extension so that's the whole,
I mean page 26. Top third of the page.
Sidney: So it's an accurate date?
Blackowiak: July 24, 2000 is the date that it was started. It says June 24th in the staff report but
it's actually July 24th. 2000 so that's when it was granted. So if that helps at all.
Sidney: Okay. That's it.
A1-Jaff: Madam Chair. There is one thing that I failed to mention earlier. Since the historic
preservation of the site is bringing this before you again, staff did wish to add a condition that
says, the State Historic Preservation Office shall review and approve any alterations to the site.
Blackowiak: And that would be in which, that would be in the.
A1-Jaff: In the interim use permit.
Blackowiak: Okay, that'd be number 31.
Feik: So what if the SHPO disagrees with the modifications that you require and she loses her
historic status?
A1-Jaff: Well it is before you...historic status.
Slagle: Can I ask when the historic status is going to be granted?
Susan McAllister: When it's, the application is done.
Slagle: Have you applied, formally applied?
Susan McAllister: I have not formally applied because there is still an issue with the east and
south property lines actually. The trees, okay. The SHPO won't even make a comment with that
right now because of the fact they said it could be dangerous.
Slagle: Well okay but, and not, I just had a question. The trees are in this application as a
condition, correct. I go back to July of 2000, all that any type of plans refer to just a buffer.
ParNng area should be screened from public or private right-of-way adjacent single family
residence. So my question is, since July of 2000, we, what's happened before we ran into this
one? I mean it's almost 2 years of not applying or, I don't want to put words in your mouth but...
Susan McAllister: Well I didn't ~know that it was eligible for the National Historic Registry until
last May, even though the report was published by, Pulte was supposed to do a report. Okay.
And in order for them to come forward with their planned unit development they had to do a
report because they were applying for federal money, okay to fill wetlands. So the Corps made
theln prepare a report. That report was only discovered by me about 6 months later.
Slagle: I watched the TV so if I can, I understand where you're going on that.
Susan McAllister: I'm not going further with it.
Slagle: Good. I'm sorry, I shouldn't say good. But basically, can I comInent?
Blackowiak: Please do.
Slagle: I do have a concern that I want to direct to staff, how we go from 11 conditions on July
24, 2000 to now to 30.
Susan McAllister: 31.
Slagle: 31. That concerns me. But you know, I don't see any reason to change what the council
and the commission did back then. I think we should vote on whether it's yea or nay and go on.
Sacchet: More questions?
Blackowiak: Go ahead.
Sacchet: Okay, I've got a few questions for the applicant. The duck pond. Is there'a problem
with that, what's it called? Safety bench.
Susan McAllister: I don't even, well first of all, I don't know what a safety bench is.
Sacchet: It means that you can't just go down real deep. It has to go shallow so if a kid wanders
out, he's not going to drown right away. He has to walk all the way to the middle of the pond.
Susan McAllister: I thought the ducks needed a bench. I'm going okay. This is new to me.
Sacchet: I think I'm interpreting this correctly Sharmin but it's my understanding that it has to be
very shallow at the edge and then maybe can drop off a little more in depth. Is that correct?
Sweidan: Essentially...shouldn't be a sharp steeper.
Susan McAllister: I don't know. I mean I have to ask my engineer about this. I don't know but I
just want, I don't want it to get so big because it's got to be so shallow before it gets deep, you
know what I mean. I don't want that. I don't know how to answer that other than it wasn't
addressed 2 years ago. They knew I was having a duck pond, only it was a swan pond then but I
chose to do the duck this year, just because I'm more friendly and I could put you know like
cattails or something around there to stop kids from wanting to go through it. You know what I
mean? I just don't want it to get so wide, you know, in order to keep it at 10 to 1 so, whatever. I
don't know. It was not addressed 2 years ago and it's in the same spot it was 2 years ago and it
just got a duck pond instead of a swan so.
Sacchet: Another question for you. Basically conditions right now prevent you from having the
handicap parking by the house. Now having the handicap parking in the parking area, and
whatever that means making the trail accessible.
Susan McAllister: I don't know what that means. That little trail that I showed there was going
to be mulch. It was a mulch trail for kids.
Sacchet' Does it mean it must be hard surface or? The idea I guess is you have to be in a
wheelchair.
AI-Jaff: You have to be able to use a wheelchair.
Sacchet: Now technically you can wheel a wheelchair up and down the stairs so you can wheel it
over mulch but it might not be the ideal.
Sweidan: Mulch is not a material that we can use for even for Uds...pavement, asphalt or the
concrete.
Sacchet: So it has to be hard surface.
Sweidan: It has to be hard surface even for a wheelchair.
Sacchet: Then we clashing with the historical character.
Susan McAllister: Well see if we do the hard surface, then what happens when we meet the
gravel driveway to get, you know the rest of the farm is done all in gravel. It's all gravel. The
whole farm is done in gravel. All those areas going to the buildings have been gravel for years.
Sacchet: ...
Susan McAllister: That's okay, I'm used to that.
Sacchet: Alright, that's my question.
Blackowiak: Okay. Anybody else have any questions? Okay. Thank you Susan. This item's
open for a public hearing. I don't see anybody here so I'll open and close the public hearing.
Sacchet: Before we, can I have one more question for staff?
Blackowiak: Sure, quickly.
Sacchet: Because there's another condition I just discovered looking at, it's condition 20 of the
IUP. Revise driveway width to 26 feet and a maximum of 10 grade. Now, if it is not cormnercial
it doesn't have to be... 10 feet or?
Sweidan: Yes, there's a small portion by the farm...24 so it has to be at least 26. If they are not
going to make the whole driveway a commercial, so that portion of the drive...should be 26.
Sacchet: So the car coming into the parking lot, this is not addressing the whole driveway? So
we should be clear.
Susan McAllister: I think he changed it to 26 feet already.
A1-Jaff: If you kook at this, right now it's shown at 24 feet.
Sacchet: Oh, it's just that one piece. It's not the whole driveway.
A1-Jaff: That's correct.
Sacchet: Because it's a condition...okay, thank you. Thanks.
Blackowiak: Thank you. Alright, well let's try to get out of here before midnight.
Slagle: We should be able to do that.
Blackowiak: Well we have one more item after this. Oh yeah. So let's make comments. And I
think what I'd like to do is just a little bit differently. Take a look at each of these, the conditional
use permit. Interim use permit. Take a look at them separately and then kind of comment as we
go along. So I mean let's talk conditional use permit first and get some consensus and then move
on. So if anybody would like to comment on conditional use permit. Any proposed changes.
Sidney: Looks fine to me.
Feik: I'm fine.
Blackowiak: Okay. Alright. Interim use permit. Aside from renumbering. We don't have a
number 1 but.
Sidney: I guess I would be in favor of removing condition 9.
Blackowiak: Condition 9. That makes sense.
Feik: I for one would be in favor of adding 2 bus stalls.
Sidney: If it's gravel. I don't have a problem with that.
Sacchet: ...it's the cement...
Blackowiak: Which I think would actually be much more expensive than gravel but.
Sacchet: It's a safety issue.
Susan McAllister: And it's beautiful.
Feik: Change too 17 to reflect June to July. Proper date.
Sacchet: If I could comment on that. I think since this goes to council, I would want to say for
the record that council may consider whether they want to make it 10 years...but since it's
reviewable.
Blackowiak: To them? Okay. Any other comments you want to throw out here? Number 6.
Sorry, I'm going backwards. Susan made mention that Steve Terrell said that you may not need
to have, you might be able to have handicap parking up in a personal area or something to that
effect, and I would be in favor tonight of leaving number 6 as is, but before you go to City
Council Susan, have Steve Terrell show up at the meeting. Have him write you a letter or
something like that so you can verify that, and you can present that at City Council. You know as
it is tonight, I wouldn't change anything.
Sacchet: Can I comment?
Blackowiak: Sure.
Sacchet: Actually I have comments for 6 and 7. What irks me is that it seems like the direction
from city side is giving to the applicant is to some extent clashing with the intent to maintain the
historic character of that site. But if you're asking for the driveway or for the trail for that matter
to be hard surface, I see that as a conflict with maintaining historical character. I think since this
is... some flexibility should be granted here.
Sidney: Work with staff.
Blackowiak: Yeah, I was going to say work with staff, but you know I don't think it's a city
issue. I think we're talking a state law with. accessibility so I don't think it's even in the city's,
within their realm of saying anything about that. But I would say definitely work with staff to
determine state requirements.
Feik: I'd like to see the gravel stay. I think the bituminous is inconsistent with, and over kill.
Sacchet: So the condition work with staff on the handicap parking and possibly access trail...
Blackowiak: Yeah, and just to see how state laws, yeah.
Sacchet: Work with staff... And then I'd like to specify condition 20 that it applies to the
parking entrance and not the whole driveway.
Blackowiak: Okay, good.
Lillehaug: Condition 19. I mean does the Fire Marshal mandate the 20 foot goes all the way up
to the residence? I mean I can't believe that'd be true.
Sweidan: ...
Blackowiak: Where's the 10 foot come in?
Sweidan: The 10 foot? They apply to the 10 foot trail width. The Fire Marshal insists on 20
minimum even if they're handicap by the house.
Lillehaug: Do you know what the existing driveway width is?
Sweidan: The existing?
Lillehaug: Yes.
Sweidan: I think it's t0 feet because it's coming actually fi'om Highway 41. It's...but it's ending
with 10 feet.
Feik: So is 20 feet a code or is it desired by the Fire Marshal?
Sweidan: It's a code by the Fire Marshal. For the fire trucks.
Al-Jarl: Fire code.
Lillehaug: I guess I'd leave that as stands then.
Feik: Unless there's another way to get them up there.
Sacchet: Right now it's 10 feet though, is that correct?
Blackowiak: It could be non-conforming.
Lillehaug: So that'd be grandfathered in but when you modify it you have to upgrade it to 20
feet I guess is how I'd understand it.
Feik: Yeah, but somebody's got to be the authority to give it back.
Blackowiak: That might be City Council.
Feik: I would recommend that it remain at 10 if at all possible.
Blackowiak: Well I think we leave the condition as is and then contact the Fire Marshal because
I don't think we have the, I don't want to start messing around with those conditions.
Sacchet: Yeah, in...City Council that 10 foot as it is now is more character and that we would
recommend the council consider that.
Blackowiak: Sure. Okay. Anything else? I think we add number 31. That SHPO would review
and approve alteration on site, because if it is going for historical, that makes sense. So we've
walked our way through that one. So let's make a motion.
Sidney: I'll make the motion the Planning Commission recommends approval of Conditional
Use Permit #2002-3 to permit development within the Bluff Creek Overlay District subject to the
following conditions, 1 through 6.
Blackowiak: Is there a second?
Feik: Second.
Sidney moved, Feik seconded that the Planning Commission recommends approval of
Conditional Use Permit g2002-3 to permit development within the Bluff Creek Overlay
District, subject to the following conditions:
1. No alterations or construction shall be permitted in the Primary Zone.
2. A 50 foot building setback shall be required from the northeast property line.
Any trail development must be coordinated with the City's Parks & Recreation
Department.
.
All upland areas disturbed as a result of construction activities shall be immediately
restored with seed and disc-mulched, covered with a wood-fiber blanket or sodded within
two weeks of completion of each activity in accordance with the City's Best Management
Practice Handbook.
The storm water runoff from the manure/compost area shall be buffered prior to
discharge into the Bluff Creek Overlay District to protect water quality. The applicant
shall work with city staff to develop and appropriate buffer plan.
.
For safety purposes, the duck pond shall have a 10 foot wide safety bench at the normal
water level. The slope of the safety bench shall not be steeper than 10:1.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.
Blackowiak: Motion carries 6-0. Another motion please.
Sacchet: Madam Chair, I make the motion that the Planning Commission recommends approval
for the amendment to the Interim Use Permit #2000-2 to permit revision of the petting farm plan
with a variance for the use of gravel driveways or grass pave system, based on plans dated
February 22, 2000, as revised December 27, 2001 and subject to the following conditions, 1. 2,
yes. Conditions 2. There is no 1. To 30 with the following changes.
Blackowiak: You know what, how about just go to the record. Yeah, as discussed.
Sacchet: There's no point in rehashing it.
Blackowiak: No.
Sacchet: As discussed. Actually there's going to be 31 conditions then plus the changes.
Blackowiak: Okay, is there a second?
Feik: Second.
Sacchet moved, Feik seconded that the Planning Commission recommends approval of the
amendment to the Interim Use Permit 4/2000-2 to permit revision of the petting farm plan
with a variance for the use of gravel driveways or grass pave system, based on plans dated
February 22, 2000, as revised 12/27/01, and subject to the following conditions:
1. The site plan shall comply with Sec. 20-267. Petting Farms.
Accumulation of feces shall be located at least 200 feet from any well. Accumulation of
feces shall be removed at such periods as will ensure that no leaching or objectionable
odors exist. The premise shall not be allowed to become unsightly.
3. Parking shall be limited to 10 stalls with the provision for one (1) bus.
,
An eight-foot accessible parking space with an eight foot wide access must be provided.
This space must be located as close to the business entrance as possible. Signage must be
provided in accordance with the Minnesota Building Code.
Handicap parking may not be located adjacent to the house unless the driveway from the
southern parking area to the parking stalls and the parking stalls themselves are improved
to commercial standards (26 foot wide drive aisles with seven ton roadway design).
If the handicap parking is located in the southerly parking area, then an accessible trail
n-mst be provided from the parking area to the petting farm area.
.
The applicant shall submit a landscape plan for the proposed development. The applicant
shall show the location, size and species of proposed trees and shrubs.
,
o
10.
11.
12.
13.
14.
15.
16.
17.
Tree protection fencing will be required at the edge of grading and shall be installed prior
to construction.
Landscaping shall be added to the area between the parking lot and West 78th Street to
provide a buffer. Included in the plantings shall be 2 overstory trees, 6 understory trees,
and 6 shrubs. Installation of buffer yard plantings or a landscaped escrow is required
prior to beginning operation of the petting farm.
Landscaping may be required for the parking lot if it exceeds 6,000 square feet.
The site shall only have access from West 78th Street. The northerly access on Highway
41 shall not be used for public access.
A dead animal disposal plan shall be submitted to the city for review.
The permit shall be reviewed annually to determine compliance.
The applicant must apply and obtain all necessary permits from regulatory agencies such
as Carver County, DNR, USDA, etc.
The interim use shall terminate in eight (8) years (by July 24, 2010).
The Building Officials conditions are as follows:
a. All public buildings must meet code requirements as required for new buildings
because of the change in occupancy classification.
b. All buildings and areas intended for use by the public must be on an accessible
route and accessible to people with disabilities.
c. One accessible parking space must be provided.
d. Accessible sanitation facilities must be provided. Portable facilities may be allowed
with a seasonal use, if permitted by the building code.
1. The use proposed requires that permanent sanitation facilities be provided,
two restrooms, one male and one female.
2.The property must connect to city sanitary sewer service.
3.The existing septic system, which is failing, must be abandoned.
e. The food preparation facilities require approval from the Minnesota Department of
Health.
f. Structures intended for public use must be evaluated by a structural engineer to
determine if the building is safe for occupancy.
The Fire Marshal's conditions are as follows:
a. A 20 foot wide fire lane shall be provided, but it is recommended that the City
Council consider 10 feet.
b. The Fire Marshal shall review the existing buildings to be utilized for the petting
farm to determine code compliance.
c. Smoking is prohibited in any building used in conjunction with the business.
d. "No Parking Fire Lane" signs shall be installed on the fire lane.
e. Any new driveway must be designed to support the weight of a fire truck year
round.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
f. Any new driveway must be installed prior to the removal of the existing driveway.
g. The amount of combustible material (i.e. hay, straw, etc) on the floors of any
buildings used in the business must meet fire code requirements.
h. All electrical wiring must meet code.
Revise the driveway width to 26 foot at the parking entrance and not the whole
driveway, and a maximum 10% grade is allowed.
The Handicap Park must be off the commercial portion of the driveway with appropriate
signage.
Add City Detail Plate No. 5300.
Re-sod or re-seed any disturbed area.
Add a benchmark to the plan.
The applicant must get MnDot permit for right-of-way grading.
Show parking stall width and length.
Revise the driveway side slope to a maximum 3:1 along the west side.
All plan sheets must be signed by a Registered Engineer.
The applicant needs to submit:
a. A maintenance schedule for the gravel drive for review by the City.
b. A letter of credit or escrow in the amount of 125% of the cost of the annual
maintenance.
In addition, the applicant will be required to sign an agreement that:
a. The property owner will submit an annual inspection report confirming that the
driveway has been properly maintained to ensure the 7-ton design remains viable.
That inspection to be performed by someone mutually agreeable to the property
owner and the City of Chanhassen.
b. If the maintenance schedule is not met, the City reserves the right to perform the
maintenance and bill the property owner for actual cost plus 30% for administrative
costs.
c. Should it become apparent that the property owner is incapable or unwilling to
maintain the 7 ton gravel road appropriately, the drive related parking areas would
be closed for commercial use until such time as they are reconstructed to meet the
then current city standards for commercial drives.
29.
The State Historic Preservation Office shall review and approve any alterations to
the site.
All voted in favor and the motion carried unanimously with a vote of 6 to 0.